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Tina
Tina, Lawyer
Category: Family Law
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Experience:  JD, 17 years legal experience including family law
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My wife and I are currently separated for 3 months, this is

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My wife and I are currently separated for 3 months, this is just a mutual agreement, no paperwork filed. She says that she can have a sexual relationship and it is not considered Adultery because we are separated and in her mind no longer married. Is this TRUE ???
Submitted: 2 years ago.
Category: Family Law
Expert:  Tina replied 2 years ago.

Hello and welcome,

Yes, technically this constitutes adultery since you remain married and are not divorced. Adultery is one of the grounds for divorce in the state of OH, so it can provide a basis to seek a divorce, but would not typically be considered in determining custody or property division issues.

Ohio’s legislative code does not give a specific definition for what constitutes adultery. However, if a married individual is willingly intimate with someone who isn’t his spouse, it’s unlikely that a judge would rule that he/she didn’t commit this ground for divorce. “Intimate” could mean sexual intercourse or unspecified sexual relations. As a legal definition, the concept of adultery is based on the perpetrator’s marital status, so a post-separation affair would count, too, if the individual is not technically divorced yet.


Here is a link that provides additional information:

http://info.legalzoom.com/constitutes-adultery-ohio-divorce-20647.html


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

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Thank you very much and all the best to you,

Tina

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Customer: replied 2 years ago.

So I am correct in saying she is not legally able to have sexual relations while separated. This would effect her rights for Alimony, Etc during divorce or Dissolution procedures ?

Expert:  Tina replied 2 years ago.
Hello again, Michael.

Adultery is not illegal in OH, so it is not typically correct to say she cannot legally have sexual relations while separated, but it could be a factor the court considers in determining whether to award spousal support/alimony to her, yes.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Customer: replied 2 years ago.

Tina, I have one more ?. In court what would stand up as proof of adultry. Not just he said she said ?

Expert:  Tina replied 2 years ago.

Yes, this can be an obstacle in trying a case based on adultery.

Here are the kinds of evidence you're more likely to be able to find and present to a court:

  • Cell phone records showing lots of calls to a particular number, often at times of the night that suggest intimacy.

  • Travel records that coincide with those of a particular person, perhaps demonstrating that your spouse and another person have ended up traveling to the same town as each other on three different occasions during the last few months.

  • Photographs of your spouse and another person together outside that person's home or apartment, in a position that suggests but does not prove intimacy.

  • Testimony from co-workers (if you can get it) that your spouse and the other person seemed to have a romantic relationship.

  • And if you have access to e-mails or other electronic communications, they can provide good evidence as well.

Here is a link that discusses this further:

 

http://www.divorceinfo.com/adulteryproof.htm

 

 

 

 

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

 

 

 

 

 

Tina, Lawyer
Category: Family Law
Satisfied Customers: 32721
Experience: JD, 17 years legal experience including family law
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JD, 17 years legal experience including family law