The Keating Firm has been purchased by Kisling, Nestico & Redick, a personal injury law firm serving all of Ohio. Visit Site >
top of page
  • Writer's pictureBrad Keating

Is Adultery Illegal in Ohio?

Updated: Nov 3, 2020

Many people choose to get divorced for a variety of reasons. If one of those is that someone or their spouse committed adultery, it is easy to wonder if it is a grounds for divorce. Generally, there is no adultery definition in the state of Ohio, or rather, the Revised Code doesn't include one. However, if a married person is intimate with someone other than their spouse, the judge is not likely to rule out an Ohio divorce. The court may require both parties to hire divorce attorneys to make the process smoother, especially if spousal support is desired.

Ohio Adultery

Is Ohio a No-Fault Divorce State?

Technically, yes, Ohio is a no-fault divorce state and has a law in place. This means that it is possible to get a dissolution of marriage, and no one is considered at fault. Therefore, no reasons is needed and no one has to prove fault to get a divorce in Ohio. However, people should consider getting legal advice, especially if one spouse may have been an adulterer.

It's best to go through a family law court to help with a variety of issues. These can include child support and child custody. It's important to know who the children are going to live with and how much money the main provider receives each month. Often, both parties cannot agree to these terms alone and require a lawyer to help them settle disputes fairly and amicably.

What Is Adultery?

Though Ohio family law has no definition for adultery, it means that a spouse was intimate with someone other than the person they are married to. However, since Ohio is a no-fault state, no one has to prove that their spouse cheated on them to get a divorce.

Adultery means nothing in the eyes of the court system. Therefore, people don't have to worry about getting proof that their spouse had sexual relations with someone else, kissed another person, or anything of that nature. This can be a little less stressful for the person filing for divorce and any children who are caught in the middle.

Does Adultery Affect Alimony in Ohio?

Even though divorce is not fault-based in the state, the cheating spouse may not get alimony. The judge may consider the information about the affair as a factor to help them determine whether alimony should be awarded to either spouse.

What to Do

If a person chooses to get a divorce because their spouse cheated or allegedly cheated on them, it might be best to hire a divorce attorney. Through the attorney-client relationship, it's possible to tell the truth to a lawyer without it being held against the case.

The spouse isn't going to learn of the infidelity or have proof of it from the lawyer. However, he or she may have phone evidence, as well as other things against the cheating spouse.

The divorce case should be taken seriously. Both people must stay separate, find different living accommodations, and pay for the proceedings and lawyers. However, there is no need to clear any names because there is no fault shown for the divorce. Still, spouses can use it against the other person to bring about a better outcome for alimony, custody, and more. Therefore, it's a good idea to file for the separation, determine how many years the two parties were involved, and the impact that had on everyone's life now.


For those who want to get a divorce from their spouse, or are trying to learn how to file for a legal separation in Ohio, there are certain factors to take into consideration. Both people may have been together for a while or a short period. Regardless, these two people might share children, a marital home, and property. It's ideal to hire a lawyer to help with filing and keep the matter cordial. This allows both parties to split the assets fairly and protect the rights of both people. Spousal support is also a concern, and the infidelity could play a role in how much is received or paid based on various things.

Disclaimer: The details included in this blog is offered for educational purposes only, and should not be taken as lawful guidance in any way. No recipients of material from this blog, clients or otherwise, should or should not act on the basis of any material consisted in the blog without seeking the appropriate legal or other professional guidance on the particular facts and situations at issue from an attorney accredited in the recipient's state.

bottom of page