The question of whether or not you can oppose a divorce actually incorporates multiple concepts, so it is important to clarify the answers. In short, you cannot contest a divorce in the sense that you refuse to allow the marriage to end. Ohio divorce laws provide multiple grounds for dissolving a marriage, and two no-fault factors are incompatibility and separation. A party can deny that the couple is not compatible, and the court would hold a hearing on the dispute. This tactic would merely delay the process. Separation for at least 12 months is still available as grounds for divorce. No law forces people to remain married.
The second aspect of the question is whether you can oppose the different issues that arise in a divorce. Yes, a party most certainly can enforce their rights by contesting the other’s demands. However, it may be worth considering all available options rather than heading to court for a determination. An Ohio divorce lawyer can advise you on resolving disputes, and some basics on opposing a divorce are informative.
An important topic in divorce is how to divvy up marital property, and Ohio applies the law of equitable distribution. A judge will divide all marital assets between the parties according to the interests of fairness. Therefore, there are two areas where opposition may arise:
Spousal support in Ohio aims to balance the financial gap that might result from divorce. The analysis is one spouse’s need for alimony compared to the other’s ability to pay it. From there, the court evaluates the amount and duration. A party can oppose the necessity of spousal support, as well as the details for paying it.
Parents must address child custody in divorce, and Ohio uses the term allocation of parental responsibilities to refer to decision-making on raising the child. The non-residential parent will exercise visitation rights and pay child support.
Child support is set by statutory guidelines, so there is less room to oppose it when going through a divorce. Still, arguments can be made about the child’s best interests when the court is determining child custody and visitation. There are multiple factors the judge must review, so the best approach is to present evidence that supports your position.
You can oppose any of the key issues in a divorce case, though some disputes can be resolved via agreement or mediation instead of court. Our team at Fout Law Office, LLC will develop an appropriate strategy to protect your rights. For additional details, please contact our firm in North Canton to schedule a consultation with a knowledgeable Ohio divorce lawyer.
Parties to an Ohio divorce face many legal and financial issues, but parents must also address child custody and visitation as part of the proceedings. Under state law on the…
Teresa is a very professional legal representative that was very patient with me and very comforting. She took the time to answer and clarify, if needed, any questions I had. She was very helpful and knew the laws and how to handle what I would call a difficult situation. She even assisted me after the divorce was final with some advice I needed and was there for me even with her busy caseload. I would certainly recommend her to anyone that would need her services.
Attorney Fout is amazing! She had to wear many hats during a very difficult case for my children and me over a 3-year process. She has a great depth in many areas of the law with the ability to understand how painful these times can be. She is very professional and has an extreme passion for high integrity. Because my children were involved her background as a Guardian ad Litem was so profound. I recommend her to others in need, as she can help in a plethora of legal avenues.
Teresa Fout is a fantastic advocate for divorce. She is concerned with the well-being and safety of children and did a good job getting my family what we needed. She is well-spoken, intelligent and extremely creative when problem-solving. She is personable and timely. I would recommend her to anyone who is looking for a good family, adoption, or divorce attorney. She is supportive, logical, and does her research.
Teresa is a knowledgeable and very professional attorney who cares about her clients. She did a great job in walking me through divorce, custody and support issues which are inherently fraught with emotional overload and can be simply overwhelming. I believe her solid advice prevented me from taking unnecessary actions, which would have resulted in substantially higher costs without gaining anything in return. I highly recommend her.
Teresa was wonderful, compassionate and professional. I would highly recommend her to others.
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