I have dual residency as I had to move to Ohio for my job and my wife is still at our home in Arizona. I have not abandoned her and have visited and she has visited me. She has confessed to having an affair in Arizona and I have evidence of same. She does not want to terminate this affair and he is also married. She has a Realtors license and is involved in various business ventures, but none sufficient to support her. She also is a resident alien and I am her sponsor. Assuming I can file in either state, which state do I have less spousal support exposure?
My wife has visited Ohio and spent time with me here.
Personal Injury Lawyer
if you are a resident of Ohio, Ohio could give you a divorce. It may not be able to have any jurisdiction of the children or spousal support and related issues. If your wife has never been to Ohio, Ohio will not have jurisdiction in that area.
This is a general answer and is not to be considered specific legal advise.
Divorce / Separation Lawyer
Well, it is a ground for divorce in Ohio but in my experience it doesn't play all that much into spousal support. We are a fault state and arguments can be made about it but courts don't get worked up about like the people involved. The thing is, all states have a statute regarding spousal support. Those are factors the court is going to look at.
In Ohio, the court would look at 3105.18(C) but only it's only determined after a division of property. The best thing you can do is have a consultation with an attorney.
The statute I referred to is linked here and you're probably interested in (C)(1)(n) but the court, after dividing property, would go through all of the factors. Arizona should have something similar.
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Divorce / Separation Lawyer
I agree with my colleagues. Most counties in Ohio are light on spousal support--the product of a damaged economy, I suppose-- but hire an attorney to file. Also, you may need to alert her immigration attorney--as the real issue here is the impact of the divorce on her immigration status. As far as the impact of adultery....if they are cohabitating in Ohio--living together AND sharing living expenses as if a couple--cohabitation is a basis upon which Courts deny spousal support. Most Courts care relatively little about adultery because it is so commonplace in domestic cases--as a basis for the divorce, most Ohio Courts use incompatibility, but adultery will work just fine--though the work to establish and substantiate it is generally more trouble than it is worth.
Good luck, and hire good counsel.
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