Like most U.S. states, Ohio recognizes “equitable distribution” when courts divide marital property (both assets and debts) in a divorce. Generally, marital property is everything that was acquired from the date of the marriage until the divorce decree is finalized, and often includes all real estate currently owned by one or both spouses, retirement benefits, funds from a public employee deferred compensation account, and income and appreciation from the other spouse’s monetary or in-kind contributions during the marriage.
Being served with divorce papers can put you on an emotional rollercoaster, even if you knew you were going to be served. So, how do you respond? While you may be hurt, frustrated or angry, this is a time when you need to take a deep breath, get your financial and other important documents in order, and find out what the proper procedure is so that you can best protect your rights.
When it comes to child custody in Ohio, the law states that the courts are not permitted to automatically favor either the father or mother, nor show any gender bias; their duty is solely to protect and ensure the best interests of the child.
Temporary child support can be requested from the time the divorce is filed with the courts. It is often applied when parents can’t come to an agreement as to how much child support should be paid, but may also be set up to ensure continuity of financial support for your child while you and your spouse negotiate terms.
Mediation is designed to help you and the other party reach an agreement that benefits not only the two of you, but also your children and anyone else who may be involved. You likely have many more questions about the mediation process.
You and your spouse must agree on the choice of a mediator. Typically, the mediator will meet with you and the other party together so that time isn’t wasted and there are no communication mishaps.
Divorce can be of the most unsettling events you will ever experience. Fortunately, an experienced family law attorney can help you navigate the road ahead so that you can build the best possible foundation for the next stage of your life.
Depending on the terms of your divorce decree, modification of an existing spousal support order may be possible under certain circumstances. For more information, consult with an experienced divorce attorney.
Spousal support in Ohio (referred to as alimony in other states) can be agreed upon mutually by a divorcing couple or may be ordered by the court during or after a divorce proceeding. To determine whether spousal support is necessary, and what type should be awarded, the court looks at numerous factors such as the duration of the marriage, the age and health of both spouses, and the earning ability of each spouse.
In fact, most couples end their marriage through uncontested divorce or dissolution. If you are having marital problems and thinking about separating from your spouse, consult with a knowledgeable family law attorney. Depending on your objectives, and whether you and your spouse are on the same page, you may be able to end your marriage in a timely and cost-effective manner without arguing in court – and you may not even need to step foot in a courtroom.