To spare themselves the expense and emotional trauma of protracted litigation, most divorcing couples choose to file for a no-fault dissolution, even if one party’s behavior caused the marriage to fail. However, if your spouse engaged in adultery, your attorney may recommend filing for a divorce with cause, particularly if you intend to ask for spousal support. Understanding how adultery will impact your divorce will help you make the best choice for your situation.

The Impact of Adultery on Divorce Cases in Ohio

Grounds for Divorce

Ohio law names several valid reasons for which one party to a marriage may file for divorce, including extreme cruelty, abandonment, and adultery. If you choose to file for a divorce with cause, your attorney will have to provide evidence of your spouse’s behavior, such as photos, phone records, or corroborating testimony from third parties. However, this is typically a much more extensive, contentious process than a dissolution, so weigh your options carefully before choosing a course of action.

Child Custody & Spousal Support

If you and your spouse are unable to resolve child custody and alimony issues, a family court judge will have to decide for you. Although adultery will not automatically preclude a parent from receiving primary or shared custody of their children, the court may consider this behavior when deciding where they should live. Ohio law also allows judges to weigh any relevant factors when ordering spousal support, which may include adultery. However, they are not required to consider adultery, and may decide that it isn’t relevant. Before choosing a course of action, it’s best to discuss your case with an attorney who can identify your best legal options.

For over a century, the attorneys at Pater, Pater & Halverson have provided compassionate, knowledgeable legal counsel to clients throughout the Hamilton, OH, area. Their legal team has over 90 years of combined legal experience, and a long-standing reputation for personalized counsel and effective legal advice. Visit their website for more on their family law services, follow their Facebook for more legal advice, or call (513) 867-1411 to speak with an attorney and arrange a consultation.