If we decide to get a divorce, does it make a difference who moves out?

I had an affair and my wife and I are currently seeing a marriage counselor. I do not want a divorce. She says she can’t see herself having a family with me now. I would like to save this marriage and have kids someday with her.

Asked on March 8, 2012 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Do not put the cart before the horse here.  You made a big mostake but are taking the right steps to correct it.  It may or may not work. That is the chance you take.  But if it does not and you can resolve things amicably, who leaves will be a decision between you.  Now, you have not indicated if there are marital assets involved here such as a house, which is also a liability if there is a mortgage.  A lease is also a marital liability and what your rent is and if your landlord will let you out, etc., needs to be considered.  Good luck.

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