Divorce Lawyer 45458

Divorce Lawyer 45458

Divorce is an emotional event that close to half of all marriages go through. Nobody gets married with the intention of divorce, but when two people simply cannot get along anymore, it is inevitable. 

Divorce can be complicated. There are many elements involved, especially if there are children involved or if the couple has been married for a long time. 

Many people think they can handle a divorce on their own, but they are mistaken. There is a lot involved, with deadlines and paperwork to get through. Be sure to have a Centerville divorce lawyer on your side. 

Fault and No-Fault Divorce

In Ohio, you can file for divorce based on fault or no-fault reasons. For a no-fault divorce, you simply have to cite incompatibility, which means you and your spouse no longer get along. You do not usually have to have proof. However, if your spouse claims that you are not actually incompatible, they would have to prove this to the court. If you and your spouse have lived apart for at least one year, you can cite that as well. 

For a fault divorce, you would have to prove that your spouse:

• Was already married when they married you
• Abandoned you for one year
• Cheated on you
• Treated you with extreme cruelty
• Committed fraud in order to enter into a marriage
• Is habitually drunk
• Is imprisoned in a state or federal correctional institution 
• Gets divorced outside your state of residence without you knowing

What Elements are Involved?

Each divorce is different, but many have these elements:

• Property division. All marital assets have to be split in a divorce. Ohio is an equitable distribution state, which means they are split in a fair manner. It may or may not be 50/50; it depends on the circumstances of the marriage. Separate property and inheritances are not typically divided in a divorce unless they are commingled. 
• Child custody. There are two types of custody in Ohio. Legal custody is known as the allocation of parental rights and responsibilities, which refers to who will be making important decisions for the children. These decisions may include medical care, education, and religion. Physical custody is called parenting time. This refers to the schedule you and the other parent will each have with your children moving forward. You can split your time equally, or one person may be the custodial parent. Both types of custody can be either sole or joint. 
• Child support. Both parents are responsible for caring for their children financially. Child support is calculated using state guidelines. The primary custodial parent generally receives child support from the other parent. However, if both parents split their time with the children equally, then the higher earner may pay child support to the other parent.

Contact Us Today

While each divorce is different, each one contains pretty much the same elements. You need someone on your side who has experience handling these sorts of cases. 

The VanNoy Firm will work diligently to provide individualized legal representation to all clients. We won’t stop until each client’s issue is successfully resolved. To schedule a consultation, call our office at (937) 952-5043 or fill out the online form.