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.
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.
Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions.
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.
The answers to questions provided in response to the request for assistance are general in nature, and reflect information which is primarily based upon general legal principals, and may additionally reflect Ohio principles of legal practice, as this is the primary location of this Attorney's practice. As with any legal advice, the advise is general in character, and should not be put into practice without specifically consulting your local counsel, who will possess far more insight into the applicable standards and laws of your specific State, your case's specific issues and the local Rules of Court and practices of the specific jurisdiction your legal action is governed by. You are specifically instructed : Do not proceed without first discussing this matter with your own local Attorney. This Office does not provide free legal advice by telephone. A 15 Minute Consultation can be obtained at no cost for certain types of legal cases, but to obtain same, an Office appointment is required. Provision of the answers to general questions does not constitute an act of representation, and the Attorney shall not be deemed to accept employment based upon the responses contained herein. The reader is advised that they utilize the general suggestions contained in the responses at their own risk, and under no circumstances should they disregard the advise of their present local legal counsel based upon any suggestions or opinions contained herein. Also, the bast method to discuss a case with an attorney is to do so directly, by scheduling a formal consultation in their office, bringing with you at the time of the meeting all of your relevant paperwork, including any contratcs, any Orders from Court, decrees, complaints, pleadings, etc., and any other relevant information for the attorney to review. General information via the internet is no substitute for an actual meeting with an attorney. The advice provided on line in response to the limited information is provided without charge. It is also provided without the benefit of face to face discussions, so before you act--consult an attorney in person.