Finding out that your spouse has been unfaithful can be devastating and overwhelming — and it may cause you to start thinking about dissolution or divorce. While you are dealing with the emotional turmoil of your spouse having cheated on you, one of the biggest legal questions you might have is, “how does adultery affect divorce?” While a party can choose to allege “adultery” as a fault-based grounds for divorce, Ohio courts will not financially penalize an unfaithful spouse solely because they committed adultery.
What is the Difference Between No-Fault and Fault-Based Divorce in Ohio?
Adultery alone usually won’t influence any of the judge’s major decisions in a divorce. Due to Ohio’s no-fault laws, it is no longer necessary to prove marital misconduct to legally terminate a marriage. In other words, you do not have to show that either spouse was to blame for the marriage falling apart. While Ohio still allows a spouse to file for a divorce on fault grounds, judges, generally, do not want to hear fault based grounds to end a marriage unless absolutely necessary.
Ohio is one of a number of states that allows couples to pursue fault-based divorce. There are several grounds to pursue a divorce based on fault, including adultery. The other grounds include extreme cruelty, bigamy, fraudulent contract, gross neglect of duty, habitual drunkenness or drug addiction, imprisonment, or willful absence for a period of more than one year.
Judges generally do not want to hear fault based grounds to end a marriage unless absolutely necessary. In contrast with a fault-based divorce, a no-fault divorce in Ohio allows a spouse to seek to end the marriage in the event the parties have been living separate and apart for one year without interruption and without cohabitation — or both spouses agree they are incompatible. In such cases, a spouse does not need to allege any fault grounds to legally terminate the marriage.
How Does Adultery Affect Divorce in Ohio?
In addition to affecting the overall tone of the legal proceedings, adultery can impact various other aspects of divorce, including the following:
- Property distribution — Ohio is an equitable distribution state, which means marital property is divided equally, or if equal is not fair, then equitably, meaning in a way that is deemed fair. Importantly, wasting marital funds on an affair constitutes dissipation of assets. If the spouse who committed the misconduct used marital funds or incurred marital debt to carry out the affair, a court may grant a greater property distribution award to the other spouse. However, it is important to note that the burden of proving the misuse of marital funds rests with the spouse alleging adultery.
- Child custody — Adultery isn’t usually a factor that comes into play with allocating parenting rights (child custody matters). However, Ohio courts put the best interests of the child first and foremost. Judges will most often curtail living with paramours while the divorce is pending, and may prohibit them from having contact with the children. A new significant other with criminal convictions, especially those involving child victims, will raise the level of scrutiny of a parent’s judgment.
- Alimony/spousal support — When it comes to spousal support, a court may deem it a “fair and relevant” factor to consider when determining an award of spousal support (alimony). For example, the fact of adultery, in and of itself, will not affect the amount of an award. However, if the unfaithful spouse moves from the marital home into a residence with the paramour, the Judge may consider the reduction in the costs of living afforded to the unfaithful spouse by having a new person with whom to share the bills. Standing alone, adultery will not outweigh factors such as relative incomes and earning abilities.
There is no guarantee that adultery will impact any of the above factors in a divorce. In order for adultery to affect divorce proceedings, a spouse must be able to provide clear and convincing evidence of the other’s unfaithfulness. Although Ohio law does not have a specific definition of adultery, judges will typically consider both direct and indirect evidence, including eyewitness testimony, photographs, cell phone records, hotel receipts, credit card transactions, bank records, and emails.
Mediating a Divorce Based on Adultery
Often, spouses do not wish to air their dirty laundry in a public courtroom — particularly if their divorce involves adultery. In such cases, divorce mediation can provide a confidential, out-of-court method to settle their disputes. Critically, mediation is a highly effective method of alternative dispute resolution that focuses on structured negotiation..
Contact an Experienced Ohio Divorce and Family Law Attorney
If your spouse committed adultery and you are considering divorce, it’s essential to have a knowledgeable divorce attorney by your side who can fight for your rights and assist you with navigating the legal process. Located in Green, Ohio – halfway between the Akron (Summit County) and Canton (Stark County) courthouses – the attorneys at Melissa Graham-Hurd & Associates, LLC provide dedicated counsel to clients for a wide array of matrimonial matters, including those involving fault-based divorces. Contact Melissa Graham-Hurd and Associates to schedule a consultation to learn how we can help.
