- Legally, it matters if your spouse cheated.
Even if this is the case, because Ohio is a no-fault state, the finding of adultery for the purposes of divorce will probably not impact the division of property or child custody (absent clear financial misconduct or the background of the person the cheating spouse ends up with). Therefore, it is not cost effective or timely to try to prove your spouse cheated during the marriage since it will not change the division of assets or custody. The court will still divide the marital assets as it would if the parties agreed on incompatibility.
- Children choose which parent they want to have custody
In many cases, when the parents cannot agree on shared parenting, a Guardian ad Litem is appointed to the case as a neutral third party to protect the child’s best interest. The court takes the Guardian’s findings into account in making an order for parenting time, but the court is the ultimate decision-maker.
- Women are never ordered to pay spousal or child support
Child support orders are based on calculations that include the incomes of both parents, custody arrangement, health insurance, and parenting time. The court does not consider which party is Mother vs. Father to make an order.
- Everything will be divided equally
- You must get divorced in the state where you got married
A common pleas court shall hear a divorce case, if the party bringing the action has been a resident of the state of Ohio for at least 6 months and resided in the county in which they filed for at least 90 days. The court shall hear and determine the case whether the marriage took place, or the cause of divorce occurred, within or without the state.
Contact our experienced family law team here at Lardiere McNair DiNicola & Stonebrook, Ltd., so we can assist you through these complicated moments and advise you on all available options.
Santina Graceffa is an Associate Attorney at Lardiere McNair DiNicola & Stonebrook, Ltd. To read more about our firm, please visit www.lmcounsel.com.