I have proof she has been talking to another guy
I am not really sure what you are asking. You certainly do not have to move out of your home just because you believe your wife is having an affair. If you are contemplating legal separation, dissolution or divorce, you should seek an experienced family law attorney in your area who can advise you on different options and answer your specific questions. You can use this website to search for an attorney or contact the Cincinnati Bar Association and they can assist you.
Terminating a marriage is a complicated process that must consider the needs of any children, dividing property, assets, and debts, whether there is sufficient available income to support two households, and many other factors. It is a serious step, and perhaps counseling might be able to repair a damaged relationship. You should consult with an attorney to discuss all the issues involved, and perhaps seek additional family support. As you mentioned, moving out can cause problems. So it would be best for you to learn more about the legal process involved before taking any action. Check with AVVO for an attorney.
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First, you don't have to move out. Second, there is a difference between talking and a physical act. Third, I wouldn't worry about the abandonment aspect. Fourth, Ohio is pretty much a no-fault state although adultery is a ground for divorce. If this is one time thing and involves only talking, you could consider marriage counseling.
Keep in mind though, many people believe marriage counseling is designed to keep two people together. That's not always the case. Sometimes a husband and wife learn through counseling the marriage is not going to work. In the case, termination of the marriage is inevitable.
If you decide on the divorce, you should be able to find an attorney that doesn't charge for an initial consultation. This will at least give you an opportunity to find out what your rights and obligations are.
Best to you,
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