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Infidelity & Divorce in Ohio

By February 5, 2021April 22nd, 2021No Comments

Finding out that a spouse has cheated on you is an experience that no one should have to go through. However, it does happen, leading the innocent spouse to wonder what role adultery plays in the Ohio divorce process. This post aims to shed some light on the potential paths divorcing spouses may be looking at should one have cheated on the other.

Adultery as Legal Grounds for Divorce

In Ohio, a spouse looking to end the marriage can ask the court for a “divorce” or, if the parties have a comprehensive agreement, they can agree to a “dissolution of marriage,” with the latter not requiring a specific reason to end the marriage. For a divorce, there must be a stated reason for the split.

Divorce in Ohio requires an allegation of at least one of several grounds, and adultery falls under that list as a “fault ground.”

What Happens in the Pursuit of a Fault-Based Divorce

As the name states, a fault-based divorce places blame on one of the spouses and could lead to a potentially more contentious divorce proceeding. The court may require proof of the fault with evidence and testimony from a third party witness. It goes without saying that there could be a significant emotional impact for any children that have to be put through this process.

Sometimes, splitting couples will try to end their marriage under one of the no-fault grounds to spare the contention and lengthy litigation of a divorce negotiation. These grounds include living separate and apart for one year and alleged incompatibility where both spouses agree.

Additional Grounds

Other bases for divorce in Ohio include:

  • Extreme cruelty
  • Gross neglect of duty
  • Habitual drunkenness
  • Imprisonment of the other spouse

If one spouse accuses the other of any of these, a fault-based divorce will likely be the only viable option for a split.


If you’ve caught your spouse cheating, you might be considering your options for a split. Your first call should be to a qualified divorce law team to understand the best paths open to you. Call Garretson & Holcomb, LLC today at (513) 863-6600 to learn more and schedule a free consultation.

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