Divorce is rarely easy, even when the relationship between the parties is amicable. This is primarily because terminating a marriage requires couples to grapple with a number of complicated issues, including property division, spousal maintenance, and shared parenting time, all of which can take an enormous emotional and financial toll on the parties involved.
If you want to learn more about Ohio’s legal requirements for obtaining a divorce, you should consider consulting with an experienced LaGrange, OH divorce attorney who can help ensure that your rights and interests are protected.
Ohio is an equitable distribution state when it comes to dividing marital property upon divorce, which means that all of a couple’s assets must be divided equitably. However, this does not always mean that a couple’s property will be divided equally, but only that it will be distributed fairly. Furthermore, this rule does not apply to all of a couple’s property, but only to the assets that are deemed to be “marital” in nature or that were acquired during the course of the marriage. This is true regardless of whether the names of only one or both parties are on the bank account, title, deed, or credit card in question.
The non-marital property, on the other hand, is made up of assets that were acquired by either spouse before they were actually married. These assets, unlike marital property, will remain solely with the original owner after divorce. However, if those assets were later commingled with marital property to such a degree that it is impossible to distinguish between the two, then even non-marital assets will qualify as marital and will need to be divided equitably. It is also important to note that certain types of property, including inheritances, gifts, and personal injury awards, will remain in the hands of the original owner, regardless of when they were acquired.
Once the parties to a divorce, or the court, if the parties are unable to come to an agreement, have determined how marital assets will be divided, a judge may be tasked with deciding whether to award alimony to one of the parties. This determination requires the analysis of a variety of factors, including:
Once these factors have been evaluated, the court will determine whether ordering spousal maintenance is appropriate, and if so, in what amount and for what duration. The award could take the form of a single lump sum payment or a series of regular payments.
In the event that a couple has children, they will also need to come up with a parenting plan that establishes a time-sharing schedule, as well as how parental responsibilities will be divided. When two spouses are unable to come to an agreement on these issues, a court will step in and create a plan that is in the child’s best interests.
To speak with a dedicated and compassionate divorce attorneys about your own divorce-related questions and concerns, please call Kryszak & Associates, Co., LPA at 440-934-5330 or send us an online message today.
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