Property division, child custody and support payments: Even when couples agree their marriage cannot be salvaged, these issues are often areas of contention in all divorce proceedings. A skilled family law attorney can help make sure your rights are fairly represented and that your children are well-cared for both emotionally and financially.
Grounds for a Divorce in Ohio
Like most states, couples who have decided to divorce have the option of filing a “no-fault” divorce (incompatibility living separate and apart for a least one year). In effect, the couple is agreeing there is an irretrievable breakdown of the marriage. In some cases, which are more complicated, divorces may be filed on grounds. Grounds must be well-established to show evidence of the other parties wrong-doing or shortfalls. If you wish to file for divorce on the basis of grounds, a divorce attorney can help you understand what grounds will hold up in court.
Child Custody and Support in Ohio
When a couple files for divorce in Ohio, if they have children under the age of 18 the courts may require they attend a divorce orientation and divorce education class. This is particularly true if the parents cannot agree on physical custody of minor children. The courts will always take the best interest of the child or children into consideration when assigning physical custody. Like most states, Ohio courts tend to err on the side of joint legal custody so that both parents have an equal say in their children’s upbringing.
Child support guidelines are generally used by the courts when the parents cannot reach an agreement on basic financial support. When establishing support payments, the courts will require the parents to make certain financial disclosures and base the payments on the earning capacity, the expenses and certain other financial information including the needs of the children.
Property Division in Ohio
Ohio is not a community property state and therefore uses a model known as equitable distribution. This does not always mean that property will be divided 50/50. Division of property is done based on numerous factors including the length of the marriage, the assets both parties had coming into the marriage and the work history of both parties. The court will also take into consideration debts incurred during the marriage including debt incurred only by one spouse; in most cases, if one spouse incurred the debt before or during marriage that spouse will be responsible for the debt after a divorce.
Divorcing is never easy and you need a skilled advocate on your side. Contact Atty. Robert J. Rohrbaugh II LLC at 330-781-0250 when you are considering filing for divorce or if you have just been served divorce papers by your spouse.