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Adultery & Divorce: How an Affair May Impact Your Case

Updated: Mar 5, 2019

Although the reasons for seeking a divorce can vary, oftentimes one of the biggest

contributing factors is adultery committed by one or both parties. If an affair results in divorce, there is often confusion regarding the difference between “fault” and “no fault” states and how an affair can impact the financial outcome of a case.

While all 50 states allow “no fault” divorces, Ohio is one of a small number of states that allows parties to file for a “fault” based divorce on one of nine grounds. If using adultery as a ground for divorce, the filing spouse must be prepared to prove an affair occurred.

It is often a misconception that a fault-based divorce on the ground of adultery will grant the wronged spouse custody and/or a large spousal support award. In reality, the court takes a variety of factors into account when making a final decision. However, it is important to note that an affair can potentially impact the financial outcome of your matter, especially if marital funds were used to support an affair. The income levels of each spouse may also be taken into account, especially if a lower income-earning party could potentially suffer financially as a result of a spouse’s affair.

Finding an experienced divorce attorney to help you navigate your case is important, especially when adultery and complex financial issues arise.

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