Ohio Divorce Law: Adultery, Where Does it Fit In?
Divorce is a difficult journey, and when adultery plays a role, emotions can run even higher. For couples in Columbus, Ohio, or across central Ohio, understanding how adultery impacts divorce proceedings is essential.
While Ohio is not a "fault-based" divorce state, adultery can still influence certain aspects of a case. Partnering with an experienced and empathetic divorce attorney can help you approach the situation with clarity and confidence. At Heckert & Moreland Co., LPA we’re here to assist you every step of the way.
Adultery often leads to feelings of betrayal, frustration, and confusion about the legal process. It can complicate decision-making, especially when dividing assets, determining spousal support, or arranging child custody. Addressing these challenges head-on with professional guidance is key to making informed choices that protect your future and your family’s well-being.
The Difference Between Fault vs. No-Fault Divorce in Ohio
Ohio offers both fault and no-fault grounds for divorce. In a no-fault divorce, couples can cite incompatibility or live separately for at least one year without cohabitation. However, fault-based divorces involve specific misconduct, such as:
Adultery
Willful absence for more than a year
Extreme cruelty
Habitual drunkenness
Adultery, defined as voluntary sexual relations with someone other than your spouse, is a recognized ground for a fault-based divorce. Even though it’s not always a determining factor in asset division, it can influence certain aspects of the proceedings.
Does Adultery Impact Property Division?
Ohio follows equitable distribution principles, meaning marital assets are divided fairly but not necessarily equally. Courts focus on factors like the length of the marriage, each spouse’s contributions, and financial circumstances. While adultery doesn’t directly affect how assets are divided, it may play an indirect role. For instance:
Dissipation of assets: If one spouse spent marital funds on an affair, courts might compensate the other spouse by adjusting the property division.
Emotional considerations: While not legally binding, a judge may consider how adultery affected the relationship and the other spouse’s well-being when deciding on asset distribution.
Adultery and Spousal Support
Adultery can have a more noticeable impact on spousal support, also known as alimony. Ohio courts evaluate various factors to determine whether spousal support is appropriate, including the:
Length of the marriage
Income disparity between spouses
Standard of living during the marriage
Earning potential of each spouse
While adultery is not explicitly listed as a determining factor, it may indirectly influence the court’s decision. For example, if the adultery caused financial harm or emotional distress, the court might weigh that when deciding on support.
Child Custody and Adultery
When children are involved, the court’s primary focus is on their best interests. Adultery typically doesn’t impact custody decisions unless it directly affects the children. Examples include:
A parent’s affair exposing children to inappropriate situations
A parent prioritizing an extramarital relationship over parental responsibilities
If adultery compromises a parent’s ability to provide a stable and supportive environment, it could influence custody arrangements. An experienced divorce attorney can help present evidence to highlight what’s best for the children.
How Ohio Divorce Law Differs from Other States
Unlike some states, Ohio does not impose penalties or bonuses based solely on marital misconduct like adultery. However, courts have discretion to consider it when evaluating financial and parental matters.
States like Texas and North Carolina allow for claims of "alienation of affection" against third parties involved in an affair, but Ohio does not recognize such claims. This distinction emphasizes Ohio’s focus on equitable resolutions rather than punitive measures.
Examining Adultery’s Impact Nationwide
According to the American Academy of Matrimonial Lawyers, about 20% of divorce cases cite infidelity as a contributing factor. While its legal impact varies by state, adultery remains a common reason for marital breakdowns and legal disputes. This highlights the importance of addressing the issue thoughtfully with a knowledgeable lawyer.
Proving Adultery in Ohio Divorce Cases
Proving adultery can be challenging but essential in fault-based divorces. Common evidence includes:
Text messages, emails, or social media posts
Financial records showing hotel stays, gifts, or other expenses tied to the affair
Testimonies from witnesses
Gathering and presenting evidence requires discretion and professionalism, which is where a skilled divorce attorney can make a significant difference. They’ll help you build a strong case while protecting your privacy and rights.
Emotional and Financial Toll of Adultery
Adultery often adds emotional weight to divorce proceedings. Beyond feelings of betrayal, it can create financial strain if one spouse depletes marital resources to support an extramarital relationship. An empathetic divorce attorney can help you handle these challenges, focusing on achieving a fair resolution and helping you move forward.
Additionally, the stress and emotional toll of adultery can impact decision-making during divorce negotiations. A compassionate attorney provides a steadying presence, helping clients approach their cases with clarity and focus. By working with an experienced professional, individuals can better manage the emotional fallout and prioritize their long-term well-being.
Answering Frequently Asked Questions About Ohio Divorce Law
1. Does Adultery Affect Who Gets The House?
Adultery alone doesn’t determine who gets the house. However, if marital funds were used for the affair, it could impact the overall asset division, potentially influencing who retains the property.
2. Can I File For Divorce Based On Adultery If We’ve Reconciled?
If you reconciled after learning of the adultery, it might weaken your fault-based divorce case. Courts often view reconciliation as forgiveness, which could complicate proving fault.
3. Do I Need To Prove Adultery To Get A Divorce In Ohio?
No, Ohio allows no-fault divorces based on incompatibility or living separately for a year. Proving adultery is only necessary if you’re pursuing a fault-based divorce.
4. Can Adultery Affect Retirement Accounts?
If marital funds from retirement accounts were used to support an affair, courts might adjust the division to account for the dissipation of assets.
5. Should I Hire A Divorce Attorney If Adultery Is Involved?
Yes, a divorce attorney can help you understand how adultery may influence your case, protect your interests, and present evidence effectively.
Why Hire a Divorce Attorney?
Some couples find the idea of allowing a stranger to assist with this delicate process uncomfortable. However, gaining the knowledge of a professional can be incredibly helpful for all parties who are involved.
When adultery complicates divorce proceedings, having an experienced and empathetic divorce attorney is invaluable. Our attorneys at Heckert & Moreland Co., LPA will:
Provide clarity on Ohio’s divorce laws
Help gather and present evidence
Advocate for a fair resolution
Support you emotionally and legally throughout the process
Whether you’re in Columbus, Ohio, or central Ohio, a compassionate attorney can make all the difference as you work toward a fresh start.
Adultery adds layers of emotional and legal challenges to divorce. Understanding Ohio’s laws and how adultery may impact your case is crucial. A knowledgeable divorce attorney can help you approach this difficult time with confidence, protecting your rights and advocating for your interests.
Turn to Our Firm at Heckert & Moreland Co., LPA
For those going through divorce, the right attorney can be a steady guide through an often turbulent process. We can make certain that you’re fully informed, prepared, and supported every step of the way.
If you’re facing divorce in Columbus or across central Ohio, reach out to Heckert & Moreland Co., LPA. With the right legal partner, you can move forward with strength and dignity. Give our office a call today.