“Is adultery illegal in Ohio?” is a question of utmost importance from the divorce point of view. Even though you cannot send someone in jail for committing adultery, you can certainly use it as a ground for divorce.

Adultery laws in ohio

With this in mind, read this article to know how you can do this and the specific laws you are required to follow.

Is Committing Adultery Illegal in Ohio?

Committing adultery is not illegal in Ohio but adultery is one of the reasons for divorce. You will be required to present evidence of the affair if you request a divorce on the basis of adultery. Documents, images, or other types of proof may be used.

Committing adultery in ohio

Though infidelity doesn’t often affect child support<span style=”font-weight: 400;”>, it can impact custody judgments. It might affect spousal support as well. In Ohio, when deciding on alimony, the courts may take into account anything they feel pertinent, so spousal support payments may be impacted by marital wrongdoing.

Divorce is a common decision made by many people for a number of reasons. It is understandable to wonder whether adultery is grounds for divorce if one of those reasons is that someone or their spouse engaged in it. In general, Ohio does not have a definition for adultery, and the revised Code also does not contain one.

Despite that, the judge in Ohio is unlikely to forbid a legal separation<span style=”font-weight: 400;”> if a married individual is having intimate relations with someone other than their spouse. To facilitate the process, the court could order that both parties engage a divorce family law attorney, particularly if spousal support is required.

– The Burden of Proof for Adultery

The accused spouse must be ready to provide persuasive evidence that the alleged affair took place in order to proceed with a divorce based on adultery. For the purpose of seeking a divorce on the basis of adultery, it is not sufficient to merely suspect that the other spouse was unfaithful.

This means that you must be able to prove that your spouse was likely involved in adultery by providing evidence of the adultery. Hearsay and rumors do not qualify as evidence. However, a competent attorney can assist you in creating subpoenas for documents like text and computer messages, which typically contain the necessary evidence.

Judges accept circumstantial evidence. This could involve witness testimony from someone who saw your spouse with their lover and noticed how they interacted. The witness need not actually see them touching each other physically. Their actions generally have enough meaning.

Computer and mobile phone records might provide more specific evidence if the spouse regularly sent emails and texts to their lover. However, there are restrictions on how you can obtain this evidence, so speak with your divorce attorney before you try. Additionally, the possibility of adultery is also evidence.

– Jail Time for Adultery in Ohio

You cannot go to jail for adultery in Ohio as in the state of Ohio adultery can be used as a reason for divorce. It is one of the fault reasons for divorce in Ohio. The Court does not punish an individual for adultery. This answers the question “Can you go to jail for adultery in Ohio?”

– Adultery Laws in Ohio

The adultery laws in Ohio are not significant. Even adultery is not defined in the laws. Although adultery isn’t defined in Ohio divorce laws, it’s understood to signify that a spouse had a sexual relationship with someone other than their legal spouse.

But since Ohio is a no-fault-based divorce state, it is not necessary to show that your partner cheated on you in order to obtain a divorce. Adultery has no legal significance in the eyes of the legal system. As a result, people don’t have to be concerned about finding evidence that their spouse had sex with someone else, kissed someone else, or did anything similar.

This may make the divorce process a little less stressful for the divorcing spouse and any children involved.

– Other Related Provisions in the Law

Because Ohio is both a no-fault and fault-based state, a couple may choose to merely declare irreconcilable differences or more specific grounds, such as adultery, cruelty, desertion, or a number of other potential reasons. Even though a no-fault divorce is often quicker and less unpleasant, couples frequently list specific justifications in an effort to get better settlement terms.

Furthermore, there are a number of guidelines that regulate how assets are divided, and they may have a significant impact on the outcome of the divorce.

– Criminal Basis of Adultery

Adultery is considered a crime in some states but not all. Every state has their respective laws regarding adultery — for example if one of the parties is married to someone else, certain states in the USA consider both parties to be in an adulterous situation.

Now the question is, “Is adultery a crime in the U.S?” Yes, the following states in the U.S. consider it a crime: Alabama, Arizona, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Massachusetts, Minnesota, Mississippi, New York, North Dakota, Oklahoma, SC, Utah, Virginia, and Wisconsin. This also answers the question “What states is adultery illegal?”

Colorado revoked its anti-adultery law in 2013. The restriction only applies to married women in several U.S. states. A single act of adultery is illegal under the legislation of many places, while in others, there must be an ongoing, public relationship. An individual who commits multiple instances of adultery may face harsher penalties than someone who only commits one instance.

However, different definitions of adultery exist. For instance, “lewd and lascivious associate, bed, and reside together” is the legal definition of adultery in North Carolina, so it’s not illegal to simply pick someone up in a pub. However, if you spend your weekends with a second partner, there may be an issue. But these laws are rarely put into action.

Does Adultery Have an Impact on Custody or Child Support?

No, adultery does not have a direct impact on custody or child support. Ohio law clearly states that judges cannot consider marital wrongdoing when determining child support. The court must follow the state’s child support guidelines based on the parent’s incomes and number of children in the family.

Impact on custody or child support

The judge must assess the parenting arrangement that will be most advantageous for the family because Ohio child custody decisions are largely influenced by what is best for the children. The judge will take into account a number of variables, none of which will involve marital wrongdoing, while determining what is proper.

Unless a parent wilfully places a child in a risky or unhealthy condition that jeopardises the child’s wellbeing, adultery won’t be a factor in your custody dispute. This answers the question “Does adultery affect child custody?” Here is an example of the situation.

Consider a parent who had an affair with someone who was convicted of abusing children and who still hangs out with them. In that situation, the court may restrict or deny parenting time or custody until the parent settles the dispute.

– Alimony Determination

In determining whether to provide alimony, Ohio courts may take into account “any other reason the court considers to be fair and relevant,” which includes infidelity by either husband or wife. Additionally, if one spouse starts living with a love partner while the divorce is still pending, the judge may take that into account if the cohabiting spouse asks for alimony.

However, the court is not obligated to take the marital infidelity into account, and even if it does, the court is not required to judge the misconduct to be pertinent to a determination on spousal support. Addressing it another way, there is no assurance that adultery will be taken into consideration when determining spousal support in Ohio.

What Are the Various Grounds for Divorce in Ohio?

The various grounds for divorce in Ohio include adultery, extreme cruelty, abandonment, negligence of duty, and others. A spouse can file for a “divorce” or “dissolution of the marriage” in Ohio, but to obtain a divorce, the filing spouse must convince the court that there is probable cause.

Here are the grounds for filing a divorce in Ohio:

  • Adultery
  • Extreme cruelty
  • Deliberate absence of the other spouse for a period of one year
  • Egregious negligence of duty
  • Consistent drinking
  • One partner claims the two are not compatible, and the other partner does not dispute this

When you request a divorce on one of the aforementioned fault-based grounds, you are accusing your partner of being unfaithful and asserting that their actions caused the marriage to end. Prepare for a longer, more difficult, and more expensive legal process when you request a faulty divorce.

The court will ask you to substantiate your claims with evidence of your spouse’s wrongdoing and the testimony of a third-party witness. The emotional toll that this kind of legal procedure may have on any children from the marriage may also be increased.

– Divorce Settlements

The spouses are entitled to marital property after a divorce. The spouses are assumed to have contributed equally to marital property acquired during the marriage. Unless an unbalanced result is more equitable, the court divides the marital property evenly between the spouses during a divorce.

The court may also include the independent property of either husband. Thus, this answers the question “What is a wife entitled to in a divorce in Ohio?”


It is best to retain legal counsel to assist with filing and maintaining amicable relations. This enables both parties to divide the assets fairly and uphold each party’s rights in adultery cases.

  • Committing adultery is not illegal in Ohio but adultery is one of the reasons for divorce. The burden of evidence rests with you whether you are initiating the divorce case or want to utilize infidelity as a reason for divorce.
  • The unfaithful spouse may not be granted alimony even though divorce is not based on fault in the state.
  • A spouse’s adultery may speed up or slow down the divorce hearing, depending on the quality of the evidence.
  • Ohio’s legislative code does not provide a particular definition for what constitutes adultery.
  • Since Ohio is an equitable distribution state, the courts will make an effort to divide a couple’s assets fairly and equally, albeit this does not guarantee a 50/50 split.

After reading this article, we hope you now have a correct understanding of laws related to adultery, have the answer to the question “Can you sue for adultery in Ohio,” and how to deal with it.

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