Legal Question in Family Law in Ohio

can proving infedility be used against you

Hi, my husband and I are in the process of a divorce, I already got temp custody and residence. My husband is trying to prove I had a affair to use it against me. Can he use it against me to fight for custody of our children, or to get out of spousal support? Another question is it alright if I would rent this same person he suspects a room in my home to help with my mortage? My husband is giving me $o towards anything. He is waiting for a hearing on the temp child support.


Asked on 9/08/02, 9:35 pm

1 Answer from Attorneys

Frank Rozanc Frank J. Rozanc, Esq.

Re: can proving infedility be used against you

Infidelity on your part can definitely be used against you in ALL areas. Ohio is a state that still assigns fault in a divorce situation. He can use it to attack your credibility as both a witness and a parent, and also assert that it's not in the children's best interests to be around him in the long run. Infidelity can also be used to tip the property division away from you in the final decree. As to renting to your friend, I would not consider it that good an idea. The more the guy is around, the more likely it is he could be called as a witness against you by your husband. If your husband won't pay unless he's ordered to, you could always apply for public assistance to help a little. I would rent to anyone else but your friend. Call me if I might be of further help.

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Answered on 9/09/02, 1:36 am


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