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.
See Our Related Blog Posts: