My Spouse Is Cheating On Me. Will That Impact My Divorce?
While adultery is a common cause of marriages breaking up, these acts of infidelity do not affect the terms of the divorce. Cheating spouses are not punished by the court for their indiscretions; they are not denied money and assets they are entitled to.
Mahaffey & Associates, LLC, provides supportive and experienced family law services to clients throughout northwest Ohio and southeast Michigan. With three locations in Sylvania, Toledo and Northwood, we provide our clients convenience in an attempt to make a sliver of their lives easier when everything else seems so challenging.
Infidelity Is A Factor In A Marriage, Not A Divorce
In divorce proceedings, Ohio courts focus on the formal end of a marriage and the assets that require division. A spouse who cheats is not looked down upon and treated differently. Conversely, the noncheating spouse does not have a distinct advantage because they remained faithful.
While considered grounds for divorce equal to incompatibility, gross neglect of duty, cruelty and alcohol abuse, infidelity is not relevant in child custody or division of property. In addition, the spouse who committed adultery is not automatically denied the marital home or access to their children.
Removing infidelity as a reason for divorce allows decisions to be made based on the entire scope of the marriage, not a singular event. It also helps clients move on with their post-divorce lives.
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