Since finding out about my husbands adultry, I’ve been scrambling to find a lawyer. As a homemaker, I’ve been thrust into searching for employment. Until a job is found, I have no source of income for myself and my 2 children… outside of what my husbands promises to give.
I have looked into all 3 options, but have no idea which is best. I’m tending to lean away from divorce as I will need and outside witness to testify that he did, indeed, cheat. His admitting it is not enough in the State of Ohio. So far, he has complied with all of my wishes, but this could soon end when reality sinks in and he realises what he has lost and is about to lose.
What is the best of these 3 choices and why?
In Ohio, the courts will not be concerned about whether or not your spouse cheated. You do not need grounds for divorce.
Dissilution is only possible if your spouse cooperates with you. Working with each other, couples negotiate a settlement of all marital issues outside of court.
Divorce is adversarial. If a couple wants to terminate their marriage but cannot settle their issues, one spouse must file for divorce.
No matter how you feel, start with no-fault. You give up nothing by filing on a no-fault basis. You can amend your complaint later to add a fault. Alternatively, you can list a no-fault ground “plus unspecified others to be introduced at trial” in your initial complaint.
Even if you do prove at trial that your spouse committed without shame one of the nine fault grounds, in Ohio you will not get a bigger slice of the property. However, there can be reductions in parental rights if the fault involved criminal or other behavior harmful to others.
Some contend you create negotiating advantage by omitting the real cause from the initial complaint. The potential for disclosure of harmful or embarrassing behavior might motivate cooperation. Whether such leverage should be used at all, or ever for destructive purposes, is an individual decision.
Check this link for more info on Ohio divorce: