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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
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Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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What sort of behavior constitutes adultry in Ohio? I assume

Resolved Question:

What sort of behavior constitutes adultry in Ohio?
I assume that repeated consentual copulation to completion with another person (an affair) is adultry. What about a single event? What about a single instance of oral sex?
What about mutual masturbation? What if there is no completion? What if it is just fondling or kissing? Where does Ohio draw the line?
Submitted: 4 years ago.
Category: Family Law
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm sorry to hear of your dilemma.

Adultery is generally defined as sexual intercourse between a married person and a third party. Like rape, adultery does not require completion or orgasm....but the slightest of penetration.

A single instance of sexual intercourse will qualify as adultery in the State of Ohio. While it is unlikely than an Ohio court would find that kissing and fondling would be sufficient to prove adultery, in the matter of Jacobellis v. Ohio, 378 U.S. 184, 197,XXXXX 1676 (1964), the court essentially held that many physical acts short of sexual intercourse would be grounds for proving adultery---among them, oral sex and anal sex.

So, today, in Ohio you can expect the court to allow the ground of adultery in a divorce action where one spouse can show that the other engaged in sexual intercourse, oral sex or anal sex with a third party.

I wish you the best in 2010.

Best regards,

Doug

Customer: replied 4 years ago.
So if one - hypothetically - went to someone's residence for a massage and was fondled, but not to completion; Ohio would be unlikely to deem that adultry. Emphasis on unlikely.
Expert:  LawTalk replied 4 years ago.
Good morning,

Yes, in that sort of a situation, the person receiving the massage would urge the court that the fondling was not consensual, that the person was seeking only a therapeutic massage and that the fondling was minimal. I would not expect, and it would be quite unlikely for, an Ohio court to find that adultery had occurred as a result of that situation, for purposes of the other spouse filing for a fault divorce.

I wish you the best in 2010.

Best regards,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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