Being cheated on by your spouse is always painful, leaving wounds in a marriage that may never heal. If you can prove that your spouse engaged in adultery, Ohio divorce law allows you to file for divorce with cause, which may provide advantages in some situations. Below is a brief explanation of how adultery can impact your divorce, which can help you decide whether pursuing a divorce with cause is worthwhile.
How Adultery Affects a Divorce Settlement
Indirect Impact on Child Custody Decisions
Family law courts are required to base their child custody decisions solely on the best interests of the child, without considering the reasons for the divorce. When determining what would be in the best interests of the child, the judge might consider factors ranging from each parent’s living situation to the preferences of the kids. While they won’t weigh the adultery itself, your spouse’s behavior might impact some of these other factors, such as who a child wants to live with or the court’s opinion on your ability to provide a healthy home environment.
Possible Increase in Alimony
In some cases, judges may order one spouse to pay support to the other for the duration of the divorce or afterward. Ohio divorce law requires judges to consider a variety of factors when determining whether and how much spousal support is appropriate, including the relative incomes and earning potential of each party, the duration of the marriage, and both spouse’s contribution to the marriage. However, the law also gives judges considerable latitude when making spousal support orders, so they may give considerable weight to evidence of adultery.
If you’re considering filing for divorce, the Law Office of Lawrence W. Henke, III provides the detailed guidance and aggressive representation you need. With over 30 years of experience serving clients throughout Montgomery County, their legal team has an in-depth understanding of Ohio’s divorce law, which they’ll use to protect your rights. Call their offices at (937) 461-9330 to schedule a consultation today, and visit their website to learn more about their broad array of divorce law services.