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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.