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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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my wife and I are going through a divorce. i had an affair,

Customer Question

my wife and I are going through a divorce. i had an affair, what is the worst thing she can do to me. we are in Cleveland, OH
Submitted: 5 years ago.
Category: Family Law
Expert:  Ellen replied 5 years ago.

So sorry to hear of your dilemma. I will strive to provide you with legal information to assist you. If my answer is not clear to you, I encourage you to ask me for clarification by using the reply button.

Here are the basics of divorce in Ohio and the potential impact of adultery

Ohio is an equitable distribution state. This means that in the event of a divorce the "marital property" is "equitably" divided by the court. Property that is "separate property" is not divided by the court.

Separate property (not subject to property division) includes inheritances, property owned before the marriage, personal injury awards, and gifts given to only one spouse.

Marital property (subject to equitable distribution) is basically anything that is not considered to be separate property and most income and appreciation on separate property that occurred during the marriage. Income attributable to the efforts of either spouse is marital property.

An "equitable distribution" means fair, not equal although it often is. The court in determining what is fair looks at the duration of the marriage, the assets and liabilities of the spouses, the monetary and nonmonetary contributions of each spouse and any other factor that the court expressly finds to be relevant and equitable.This may include adultery by one spouse including whether marital assets were dissipated by the affair

Ellen and 4 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you, but I am concerned with factors like, longevity of trial, jail, fines, etc.. basically from what I understand in your answer, there is little to no impact the adultry would have on the difficulty of the divorce or the financial burden that I would face.
Expert:  Ellen replied 5 years ago.
They would be no impact on the length of the trial nor is adultery associated with any jail or fines. Although adultery is on the books as a crime it is not prosecuted.The adultery may affect what the judge considers to be fair in an equitable division of assets

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