Your Trusted Attorney For Divorce In Ohio.
In divorce cases, lacking representation can lead to significant disadvantages, such as risking unfair settlements and loss of rights, especially in asset division and custody matters. Our expertise and communication ensure that you receive a fair trial that protects your rights and interests.
Understanding Divorce Law In Ohio.
In Ohio, divorce proceedings can be either 'no-fault' or 'fault-based,' similar to other states. Nowadays, no-fault divorces are more prevalent. In such cases, both spouses mutually acknowledge their incompatibility and agree that divorce is the best course of action. Conversely, fault-based divorces occur when one spouse blames the other for the breakdown of the marriage. Grounds for fault in Ohio include adultery, willful absence or abandonment by one spouse, instances of extreme cruelty, entering into the marriage under fraudulent conditions, gross neglect of duty, habitual drunkenness, imprisonment of the other spouse, living apart for at least one year, the other spouse filing for divorce in another state which releases them from marital obligations, and situations where the spouse was already legally married to someone else at the time of the subsequent marriage.
General Information About Divorce In Ohio.
After establishing the grounds for divorce, the court then addresses other critical aspects of the divorce proceedings. This includes a range of matters like dividing marital property, determining spousal support or alimony, resolving issues around parental rights and responsibilities, and setting child support arrangements.
In marital property division during a divorce, the court may take into account any misconduct by either party. For example, if one spouse has misused marital funds for purposes not benefiting the family, such as an affair, the court might award a larger share of the property to the innocent party. The court defines marital property based on relevant case and statutory laws, typically aiming for an equal division unless an equal split is deemed unfair to one party. Under Ohio statutes, the distinction between marital and separate property is clearly defined:
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Marital Property: This encompasses all assets acquired during the marriage, including personal and real estate, retirement plans, and intangible assets like bank accounts, stocks, and bonds.
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Separate Property: This includes assets acquired before the marriage, inheritances, and personal injury settlements (excluding parts compensating for lost wages or medical bills during the marriage).
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Marital Property
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Alimony
With Ohio law, alimony is a financial provision one spouse may be required to provide to the other during or after a divorce. The purpose of this support is to help both parties meet their ordinary expenses and maintain a standard of living similar to what they were accustomed to during the marriage.
While the specifics of spousal support can be mutually agreed upon by the spouses and presented to the court, it is important to note that alimony is not guaranteed in Ohio. In cases where the parties cannot reach an agreement, the court steps in to determine whether the requesting spouse is eligible for support. If eligible, the court then decides the amount and duration of the support.
In child custody matters, Ohio courts consider a range of factors to determine the most suitable arrangement for the children involved, who are considered minors. Historically, Ohio courts would often grant custody to one parent. However, the current approach involves dividing parental rights and responsibilities between both parents, focusing on what is in the best interest of the children. It is important to note that shared parenting does not always equate to equal time-sharing.
Parents have the option to propose a shared parenting plan to the court. The court then reviews this plan and may either approve it, suggest amendments, or reject it based on the children's best interests. In the absence of a mutual parenting plan, the court takes the responsibility to allocate parental rights and responsibilities. This typically involves designating one parent as the legal custodian and sole residential parent, while granting the other parent appropriate parenting rights.
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Child
Support
In Ohio, when a divorce involves minor children under the age of 18, the court is required to address child support considerations. The state employs child support guidelines to determine the appropriate amount of support. This calculation is based on standard schedules that factor in the number of children and the combined gross income of both parents. Additional considerations include credits, medical insurance costs, and necessary childcare expenses. The resulting child support obligation is then proportionally divided based on each parent's share of the combined annual income.
While the child support amount derived from these guidelines is generally deemed appropriate, the court has the discretion to deviate from these standard calculations. This deviation occurs when the predetermined amount is found to be unfair or not in the best interest of the child.
A Divorce Attorney That Fights For You.
The divorce process in Ohio can be long and difficult, which can leave you feeling exhausted and worried that you may not secure the rights you deserve. Our professional representation can assist in your matter and help obtain liberty from your marriage, all while ensuring your rights.
Your Plan To Settle Your Divorce.
Contact
Contact us today to schedule an initial consultation to determine the specific needs of your case.
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Strategy
After the initial consultation, we will work to develop an in-depth strategy to assist in achieving optimal results for your case.
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Relief
From the first meeting to the close of your matter, enjoy the comfort of knowing that a proven professional is in your corner.
Important Disclaimer
The information that you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your situation. We invite you to contact us and welcome your calls and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.