Sunday, December 5, 2010

Infidelity And Divorce

QUESTION: CAN MY SPOUSE BE PUNISHED FOR EXTRAMARITAL RELATIONS DURING OUR MARRIAGE?

ANSWER:

Normally, neither spouse is "punished" by the Court for extramarital relationships. When admissible evidence of "marital waste" is offered, the Court does consider the "waste" (dissipation of marital funds subject to equitable division) when trying to equitably divide marital assets and debts. "Marital waste" would have to be materially significant for it to be relevant. [O.R.C. ~ 3105.171(E)(3) states, "[i]f a spouse has engaged in financial misconduct, including, but not limited to, the dissipation of assets, the court may compensate the offended spouse with a distributive award or with a greater award of marital property."]

A few hundred dollars spent on dinners and movies may be considered irrelevant. When a spouse buys an extramarital partner a car that costs several thousand dollars or takes the partner on a cruise costing several thousand dollars, that may be materially significant. If the money spent is clearly identifiable as marital funds (e.g., preseparation marital savings) that were clearly identified as spent on the extramarital partner, offset may be granted by the Court. Claims unsupported by proper exhibits (records) or admissions by the spouse, may be disregarded.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. The answer presumes you are not currently represented by an attorney who knows your specific circumstances.

9 comments:

  1. Pretty good post. I have really enjoyed reading your blog post.

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  2. Thanks for the information, that is really interesting. I will have to talk to my divorce attorney and see if this applies to my ex-husband.

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  3. Hi there, awesome site. I thought the topics you posted on were very interesting. I tried to add your RSS to my feed reader and it a few. take a look at it, hopefully I can add you and follow.

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  4. Not sure if this is the same in Australia. Family & The Law (Family Law Portal)

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  5. As the girlfriend in the middle of an ugly divorce, I have been served to be deposed by the wife's attorney - my question is - can she be present? She has harassed me and ignored my Cease and Desist letter from my lawyer. I'm hoping you tell me she cannot be present! I live in Cuyahoga county Ohio Thank you very much

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  6. A deposition is like a hearing, without a judge or magistrate present. The parties are often present at a deposition. You may want to represented by an attorney. For more information regarding depositions go to:

    http://ohiodivorceguide.blogspot.com/2012/08/divorce-depositions.html

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  7. Enormous blog you individuals have made there, I entirely appreciate the work. Wampler & Souder LLC

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  8. My husband and i got Married last year and we have been living happily for a while. We used to be free with everything and never kept any secret from each other until recently everything changed when he got a new Job in NewYork 2 months ago. He has been avoiding my calls and told me he is working,i got suspicious when i saw a comment of a woman on his Facebook Picture and the way he replied her. I asked my husband about it and he told me that she is co-worker in his organization,We had a big argument and he has not been picking my calls,this went on for long until one day i decided to notify my friend about this and that was how she introduced me to Mr James(Worldcyberhackers@gmail.com) a Private Investigator  who helped her when she was having issues with her Husband. I never believed he could do it but until i gave him my husbands Mobile phone number. He proved to me by hacking into my husbands phone. where i found so many evidence and  proof in his Text messages, Emails and pictures that my husband has an affairs with another woman.i have sent all the evidence to our lawyer. I just want to thank Mr James for helping me because i have all the evidence and proof for my lawyer,I Feel so sad about infidelity.


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  9. I suspected my wife of cheating on me but I never had any proof. This went on for months, I didn't know what to do. i was so paranoid and decided to find a solution, i saw a recommendation about a private investigator and decided to contact him. I explained the situation about my wife to him and he said he was going to help me.I gave him all the informations he required and afterwards i received all my wife’s phones Text messages and calls, I was hurt when i saw a picture of my wife and her lover. I feel so bad about infidelity. but i am glad Mr james was able to help me get all this information, you can contact him via email(worldcyberhackers@gmail.com) or Text/call : +12317945543

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