Hogan v. Hogan

747 N.E.2d 299 (2000)

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Nature of the Case

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Facts

H and W were married on November 24, 1984. There are two children born as issue to this marriage: Amanda Marie Hogan (DOB 5/23/89) and Madeline Anne Hogan (DOB 4/2/91). W filed a complaint for divorce on August 27, 1999, on grounds that H was mentally and physically abusive. W testified that she and H had been living separate and apart for more than one year without interruption and that W had not had sexual relations with H during the past year. W testified that H had verbally and physically abused her during the marriage, including one incident in which H had broken her collarbone. H opposed the action and explained, 'divorce is a mortal sin. It is justification for God to send a soul to hell for eternity.' H argued that by granting a divorce, the trial court would violate his right to free exercise of his religion, which does not recognize divorce. The court ruled for W and H appealed. H argues that the trial court lacked jurisdiction to enter a divorce decree and impermissibly impinged upon H's right to free exercise of religion under the Ohio Constitution and the United States Constitution.