Most married people agree that infidelity is one of the worst things one spouse can do to the other. Marital infidelity is, for many, the one thing that would justify a divorce.
But what impact does adultery have on divorce? Is it a legal ground for divorce? Does there need to be any legal grounds for divorce? And does infidelity impact any of the other aspects of divorce, like child custody or alimony?
Adultery in Ohio
Although Ohio residents don’t necessarily need specific grounds for divorce, they can file under any number of legally recognized grounds for divorce – adultery being one of them.
The Impact of Adultery on a Divorce
Divorce is a legal proceeding. In most legal proceedings, almost everything that it is at all relevant will have some impact on the outcome.
In divorce, depending on the circumstances and the other facts of the case, adultery can have a significantly negative impact on the one caught in the act.
If there are other negative, selfish behaviors, for example, adultery can be one more factor in establishing a pattern of this type of behavior, which could result in reduction of time with the children.
Further, the court can consider all factors, including marital misconduct, when determining alimony payment schedules. It is possible that a judge – especially a judge who takes a particularly harsh approach to marital infidelity – could increase the alimony payments to their legal maximum in order to punish a cheater.
Whether you have been caught in adultery or you have discovered your spouse has been cheating on you, it is critical to protect your rights and to fight for the best outcome possible. Do not try to handle your divorce alone.