Ohio follows the principle of equitable distribution under which marital property and debts are split fairly, but not always 50/50. The court examines numerous factors to determine what constitutes a fair division under the circumstances of your case.
Divorce
Divorce
Dayton Divorce Attorneys
If you are facing a divorce, there is a lot on the line. Not only are emotions running high, but your financial future and your parental rights are uncertain.
The best way to move forward through your divorce is to break it down into manageable parts and to work closely with an experienced Ohio divorce attorney throughout the process.
FAQs About Divorce in Ohio
How is marital property divided in Ohio?
How long does a divorce take in Ohio?
The timeline for a divorce can vary significantly depending on whether it is contested or uncontested and the complexity of the issues involved. An uncontested divorce may be finalized in a few months, while a complex, contested case could take a year or longer to resolve.
How is the amount of spousal support determined?
There is no set formula for spousal support in Ohio; instead, the court considers multiple pertinent factors, including the length of the marriage and each party’s income and earning capacity. The duration and amount are decided on a case-by-case basis to achieve an equitable result.
What happens if my spouse doesn't want the divorce?
Your spouse cannot prevent you from getting a divorce if you meet the legal grounds. If they refuse to cooperate or participate, the court can grant a default judgment and finalize the divorce without their involvement.
What are temporary orders?
Temporary orders are court orders put in place while the divorce is pending to address issues like child custody, support and use of the marital home. These orders remain in effect until the final divorce decree is issued.
Your Divorce: The Building Blocks
Your divorce will not be exactly like any other couple’s. Your divorce will, however, contain the same basic building blocks (as applicable) as every other divorce. These include:
- The equitable division of marital property
- Child custody arrangements (called the allocation of parental rights and responsibilities and parenting time)
- Child support
- Spousal support (also called alimony)
Each of these that applies to your divorce will directly affect your financial future and your parental rights, which means they require close attention).
The Equitable Division of Your Marital Property
The property and assets that you and your spouse acquire during your years of marriage are considered marital property, which – in the event of divorce – is intended to be divided equitably. Equitably can mean equally, but a more accurate definition is fairly under the circumstances involved. Separate property, on the other hand, refers to the property each of you brought into your marriage with you and that you kept separate over the years. While separate property remains your separate property upon divorce, the dividing line between marital and separate property can blur more easily than you likely realize.
Child Custody Arrangements
Ohio now refers to legal and physical custody as – respectively – the allocation of parental rights and responsibilities and parenting time, and both can be either sole or joint. The allocation of parental rights and responsibilities refers to who will be making important decisions on behalf of the children. Parenting time relates to the schedule you and your ex will each have with your children moving forward. Often, one parent becomes the primary custodial parent, and the other has a visitation schedule, but you can also split your time equally or nearly equally.
Child Support
Both parents are financially responsible for supporting their children throughout their childhoods, and this responsibility is addressed by child support. Child support is calculated using state guidelines, and the parent with the visitation schedule generally pays child support to the primary custodial parent. If you split your time with the children equally, however, the higher earner will likely pay child support to the other parent – to help balance the support relative to each parent’s earnings.
Spousal Support
Spousal support (previously known as alimony) is intended to help balance a financial inequality brought on by divorce. This means that if one spouse experiences a financial decline and the other has the financial ability to help, alimony can help bridge the financial gap.
Turn to an Experienced Ohio Divorce Attorney for the Legal Guidance You Need
If you’re facing a divorce, the accomplished Ohio divorce attorneys at The VanNoy Firm are committed to helping you better understand your options and skillfully advocating for your case’s best possible resolution. To learn more, please don’t hesitate to contact us today.
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Our Family Law Attorneys
Anthony S. VanNoy
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