Learning about your spouse’s infidelity can rock your entire world. And while you’re wrestling with the emotional aspects associated with cheating, you might start to have questions pertaining to a possible divorce. How does divorce work if you’re not the person at fault? Does infidelity affect divorce in Ohio?
Ohio considers adultery in marriage as a ground for divorce. Grounds for divorce typically aren’t difficult to prove. In Ohio, adultery is defined as a spouse having voluntary sexual intercourse with a person who is not their spouse. And while infidelity typically doesn’t matter for the financial aspects of divorce, it can sometimes impact the issue of child custody. But for infidelity to affect custody in Ohio, you must be able to provide evidence that shows the infidelity has negatively impacted the best interests of the children.
How to Prove Adultery in Ohio
In order for infidelity to affect divorce in Ohio, a spouse must prove their partner committed adultery. Evidence must either be direct or indirect and concretely show that infidelity occurred.
Ohio courts will typically accept any of the following as proof of infidelity:
- Eyewitness testimony
- Items left behind from sexual interaction
- Cell phone records
- Email history
- Love letters
- Hotel receipts or travel records
- Credit card transactions
Even if the infidelity occurred more than once, it only has to be proven once through direct or indirect evidence for the case to be considered in court. Depending on the evidence presented, adultery can either speed up or slow down a court case. Direct evidence tends to hold more weight in the eyes of the court, which can help speed up the divorce process, while indirect evidence has been shown to slow down the court’s timeline.
Infidelity and Divorce: Ways it Impacts Court Proceedings
So, does infidelity affect divorce in Ohio? It could play into court proceedings if one spouse asks for financial support from the other or if child custody issues are part of the divorce.
The court typically considers a variety of factors when granting spousal support, including:
- Earnings potential of each spouse
- Age and physical/mental condition of each spouse
- Retirement benefits
- Marriage length
- Custody issues
- Shared assets
Along with this list, a clause allows for considering any other factor. In some cases, this could include adultery and infidelity, but most often, cheating is usually only taken into consideration for custody issues.
Ohio courts are not required to consider infidelity regarding child support and custody issues, but it can come into play if cheating jeopardizes the well-being of the children. Regarding child support and custody issues, the main concern is maintaining the children’s safety and well-being. So, if the infidelity did not play a role, the courts will most likely deem it irrelevant.
Get the Legal Help You Need to Learn About Infidelity and Divorce
The Ohio divorce lawyer you choose should be an expert in divorces with a cheating spouse in Ohio. Working with the Law Offices of Kenneth R. Kline LLC will help you feel confident you’ll make the right decisions for your specific divorce case. Set up a risk-free consultation with our office.