There are several acceptable scenarios in which one or both partners may like to separate from one another. The couple may have grown apart and no longer see eye to eye on important issues, leading to the inevitable breakup. In other cases, infidelity is to blame. In what ways does the divorce’s justification matter?
Many individuals believe that a spouse who has been unfaithful during the marriage will be punished legally in areas such as child custody, alimony, and property distribution. Does this sound right? Is it true that divorcing spouses of adulterers receive less favorable treatment from the courts? Before proceeding with a divorce, it’s crucial that you know the distinction between a no-fault and a fault-based divorce.
In the event that efforts to mediate a dispute outside of court are unsuccessful, you may consult with a divorce attorney in Columbus, Ohio about the various legal options.
Different types of divorce are based on whether or not one party is at fault, or not.
Due to the availability of “no-fault” divorce grounds in all 50 states, it is often irrelevant as to which party was at fault in the divorce. On the other hand, Ohio is one of many states that allows permits couples to file for divorce based on fault for one of nine reasons, including adultery. To file for divorce on the grounds of adultery, one must be able to provide unmistakable evidence of the infidelity. A divorce on the grounds of adultery requires more than just suspicions that the other partner has been unfaithful.
Does Marital Infidelity Affect Alimony?
Adultery may have an effect on alimony in Ohio, but this is by no means a given. The court may regard a spouse’s infidelity as a relevant element in considering whether to grant alimony to the other spouse. To put it simply, the court is not going to let the lower-earning spouse suffer financially because of the affair that terminated the marriage. As a further factor, the court is likely to consider the amount of money the cheating spouse wasted on their extramarital affair.
Can Adultery Impact Child Custody Decisions?
In most cases, a spouse’s custody rights will not be negatively impacted by the adultery itself. Who the unfaithful spouse is seeing can be a factor in how the court rules on child custody. The judge will base their decision on what is in the child’s or children’s best interest. It’s possible that a court wouldn’t provide as much visitation or custody to a cheating spouse if they knew that their partner was spending time with someone who could be harmful to both of them.