Select your state

Divorce

adultery

Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.

In Ohio, adultery is technically still on the books as a ground for divorce, as Ohio is a state that allows for both fault-based and no-fault divorces. Under Ohio law, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. When filing for a fault-based divorce, the spouse who was wronged by the act of adultery may claim it as a reason for the dissolution of the marriage. However, in practice, most divorces in Ohio are filed on no-fault grounds, citing 'incompatibility' or living separate and apart without cohabitation for one year. While adultery can be a factor in the division of marital assets, Ohio courts tend to focus more on equitable distribution, which means that assets are divided fairly but not necessarily equally. The impact of adultery on asset division and alimony is discretionary and depends on the circumstances of each case. It is worth noting that criminal statutes regarding adultery are rarely, if ever, enforced in Ohio.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Divorce

adultery

Individual & Family Legal Plan

Articles

Ohio State Code

Ohio State Code

Divorce

adultery

Articles