What Is an Ohio Fault-Based Divorce?
Ohio courts recognize both no-fault and fault-based grounds for divorce. In a no-fault divorce, neither party is legally blamed for the breakdown of the marriage. No-fault grounds for divorce include incompatibility and having lived separate and apart for one year without cohabitation. In a fault-based divorce, one party accuses the other of behavior that led to the dissolution of the marriage. In addition to no-fault grounds, the state recognizes nine fault-based grounds under the Ohio Revised Code, Section 3105.01, as follows:
- Living husband or wife of either party at the time of the marriage (bigamy)
- Willful absence for one year of either party
- Adultery
- Extreme cruelty
- Gross neglect of duty
- Fraudulent contract (meaning one spouse was deceived by the other at the time of the marriage)
- Habitual drunkenness
- Imprisonment of a party in a state or federal correctional institution
- Divorce procured outside of Ohio by either party
Does Fault Play a Role in the Division of Property Between the Spouses?
Ohio is an equitable distribution state. All marital property (assets and debts acquired by either party during the marriage) is divided fairly—although not necessarily equally—in a divorce. Potentially, fault can affect how property is divided. At Ohio Revised Code, Section 3015.171, the law states that when a spouse has engaged in financial misconduct, including dissipation (such as habitual gambling or spending money on an affair) or has willfully failed to disclose assets, income, expenses, or debts, the court may compensate the offended spouse with a greater award of marital property. Although fault may be considered, family court judges typically aim for fair distribution of marital property based on factors such as:
- Duration of the marriage
- Financial contributions of each spouse
- Liquidity of the marital property
- The desirability of awarding the family home to the spouse with custody of the children
- Each spouse’s post-divorce economic situation
- Retirement benefits of each spouse
- Existing prenuptial or postnuptial agreements
- Tax consequences of property division
Does Fault for a Divorce Affect Alimony Awards?
Even in a fault-based divorce, judges do not typically consider a spouse’s transgressions in determining spousal support. Under Ohio Revised Code, Section 3105.18, courts consider a number of factors, including:
- Duration of the marriage
- Income, assets, and liabilities of the parties
- Education and earning capabilities of the parties
- Age and physical, mental, and emotional health of each party
- Retirement benefits of the parties
- Standard of living established during the marriage
- Contributions of each party to the education, training, or earning ability of the other
- Lost income production capacity due to either party’s marital responsibilities (such as caring for children)
- Tax consequences of spousal support
Can Fault Play a Role in Child Custody and Visitation in a Contested Divorce?
Child custody is one of the most highly contested aspects of divorce. The guiding principle of the courts in these matters is “the best interests of the child.” Fault can be a factor in child custody and visitation decisions if the offending behavior negatively impacts the child’s well-being. For example, adultery typically has no impact on child custody unless the unfaithful spouse is engaged in an affair with someone who may pose a threat to the child’s well-being or safety. Habitual drunkenness or drug addiction, which may be fault-based grounds for divorce, could also create a risk for the child and may affect child custody or visitation decisions. Fault only plays a role in child custody and visitation decisions in cases impacting the child’s best interests.
Do You Have to Prove Fault in a Contested Divorce?
In a fault-based Ohio divorce, the spouse making the accusations must prove them to the court. The burden of proof falls on the spouse who claims the other spouse is at fault for the breakdown of the marriage. If you file for divorce on the grounds of adultery, extreme cruelty, or habitual drunkenness, for example, you must prove your spouse has committed these offenses by presenting evidence to the court. This may involve the witness testimony, documentation, and the opinions of expert witnesses. Even when fault-based grounds for divorce exist, many couples choose the no-fault route, as the process is quicker, less costly, and less emotionally draining.
When Does Proving Fault Matter in a Contested Divorce?
Although filing for a no-fault divorce may be less costly and more efficient in many cases, there are times when fault can play a role in a contested divorce. Proving fault may impact outcomes of certain aspects of divorce, including the following:
- Asset division: If the other spouse’s financial misconduct led to the dissolution of the marriage, proving that misconduct may influence the distribution of assets in your favor.
- Child custody: Proving certain behaviors that are fault-based grounds for divorce, such as alcohol or substance abuse or extreme cruelty, may affect child custody decisions if the court believes those behaviors could endanger the child.
How Important Is Your Choice of Attorney in a Fault-Based Contested Divorce?
Proving fault in a contested divorce requires solid legal expertise. Your choice of attorney for an Ohio fault-based divorce is critically important, as the proceedings are more complex and contentious.
Having a skilled and experienced divorce lawyer can significantly impact the outcome of your case. At Lawrence Law Office, we are family law specialists with more than 63 years of experience. We have the knowledge, skills, and resources to advise on every aspect of your divorce, no matter how complex, and to advocate effectively for your best interests and those of your children. Call us 24/7 at 614-363-1273.
