Adultery in Ohio: Divorce is a popular decision made by many for a number of reasons. It is understandable to question whether adultery is a reason for divorce if one of those is the case for someone or their spouse. Ohio does not, in general, have a definition for adultery; rather, the Revised Code does not.
Nonetheless, a court in Ohio is unlikely to reject a divorce if a married person has an intimate relationship with someone other than their spouse. If spousal maintenance is required, the court may order both parties to retain divorce counsel in order to expedite the process.
What is Adultery?
Adultery: Having voluntary sexual contact with someone who is not one’s spouse when one is married.
In many jurisdictions, adultery is considered by the law to be a violation of marriage vows and a crime against public morality. Laws that criminalise adultery and permit a blameless party to file for divorce from an adulterous spouse are two ways that they try to deter adultery.
Adultery has not always been viewed as a criminal offence, despite the fact that it has always been seen as a legal wrong. Any act of sexual relations between a married individual and someone other than their spouse was considered adultery in the eyes of the church courts.
Affects of Adultery on Divorce:
One spouse’s decision to move forward with a divorce may be influenced by learning of adultery within the marriage. Everything you need to know about how adultery and infidelity impact Ohio divorce is provided here.
In Ohio, marital infidelity is the sole basis for a fault-based divorce. When a spouse engages in consenting sexual relations with someone who is not their spouse, adultery may have occurred. Nonetheless, a judge does not punish adultery, thus a straying spouse won’t suffer financial repercussions or go to jail.
Adultery as a valid reason for divorce in Ohio
In Ohio, a spouse who wishes to dissolve their union may request a “dissolution of the marriage” or a “divorce” from the court; the latter does not call for a grounds (or explanation) for the dissolution. However, in order to obtain a divorce, the spouse filing the motion must provide the court with proof of their motivation.
In Ohio, you must present one or more of the following grounds for divorce in order to file for one:
- deliberate absence of the other spouse for a whole year (cause of fault)
- adultery as a cause of fault
- severe brutality (cause of blame)
- severe duty neglect (fault ground)
- habitual intoxication (cause of fault)
- the other spouse’s imprisonment (fault ground)
- lived apart from one other for a whole year (no fault basis);
- one partner claims the pair is incompatible, and the other does not dispute this (no fault ground). Revised Code Ann. § 3105.01 Ohio
By citing one of the aforementioned fault-based grounds for divorce, you are placing blame on your partner and asserting that their actions caused the marriage to fail. You should be ready for a lengthier, more expensive, and acrimonious legal process when you file for a fault divorce. You will have to provide the court with proof of your claims of your spouse’s wrongdoing, along with the testimony of a third party witness. The emotional toll that this kind of judicial procedure takes on any married offspring may also rise.
How to Establish Adultery in Ohio?
In order to establish adultery, a spouse must provide proof. In order for a case to be eligible for trial, the court must find unambiguous and compelling proof of adultery. However, even in cases where a spouse has cheated on them more than once, the burden of proof only needs to be proven once.
The party bringing the claim should show that their spouse has a clear desire to be unfaithful by providing them with the chance to commit adultery.
Direct evidence includes, but is not limited to
Photographs, eyewitness accounts, or articles about clothes or other objects left behind during sexual activity.
Conclusion
There are some things to think about if you want to divorce your partner or are attempting to figure out how to file for a legal separation in Ohio. It is possible that they were together for a brief while or a long time. In any case, these two individuals may have children, a marital residence, and property together. Hiring a lawyer to assist with filing and maintain good relations is ideal. This preserves each party’s rights and enables a fair distribution of the assets between the parties.