Cheating spouses are in the news every
day. Famous couples split due to infidelity, politicians get in trouble, even
the CIA Director has problems associated with fooling around. Though the news
always makes headlines, in a real divorce case cheating is not nearly as
shocking to family law judges. The true cost of infidelity is paid not in
court, but often in settlements.
The reason for the lack of outrage among
judges in Ohio is that the state allows no-fault divorces. This means that
couples don’t have to identify one person who was responsible for the demise of
the marriage. The reasons often don’t matter as many couples are happy to cite
irreconcilable differences. Additionally, infidelity has lost much of its sting
to desensitized judges who often hear such stories day in and day out.
The real penalties for infidelity are
instead paid outside the courtroom, where 95% of all divorce cases are actually
settled. One instance where a hefty payment can result from cheating is when
the parties have a prenuptial agreement. Many such agreements contain clauses
dealing with affairs and lay out exactly how much money the wronged party
stands to collect as a result.
Another case where cheating matters is
when the philanderer spent the family’s money on the new lover. Taking money
from the family often comes into play during settlement negotiations when the
wronged party typically demands repayment. This can get expensive, especially
if lots of jewelry or trips were paid for.
A final scenario where cheating can be
expensive is if the behavior is truly shocking. In cases where the cheating is
extreme or thrown in the face of the other party, that can be costly during
settlement negotiations. Such horrendous conduct can push settlement numbers to
the high end of the expected ranges given that the other party will have the
benefit of sympathy should the case ever go before a judge.
If you find yourself facing the prospect
of divorce, contact an experienced Ohio family law attorney who can help guide you through the
difficult process. Count on the expertise of Twinsburg family law attorney Carol
L. Gasper.
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