If you find yourself unhappy in your marriage despite making efforts to work through your conflicts with your spouse, consider filing for divorce. Getting a divorce can be stressful and complicated, but it can also be the best course of action if you are truly unhappy in your marriage and cannot reconcile with your spouse. Working with a competent divorce lawyer can make the process somewhat easier for you, but remember there are many issues that can arise and complicate a divorce. These include disputes over child custody, complicated asset division, and false accusations from a former partner.
Not all divorces are completed in the courtroom. Talk to your divorce lawyer about mediation and collaborative divorce to see if one of those options is a good fit for you.
In Ohio, it is possible to have a fault-based or no-fault divorce. A fault-based divorce can cite any of the following grounds:
To obtain a no-fault divorce, the couple must state that they are incompatible or that they have lived apart for at least one year.
Divorce petitions are filed with the Court of Common Pleas of the county where the filing party resides. To file for divorce, he or she must have resided in Ohio for at least six months and his or her county for at least 90 days.
Your divorce settlement is the document that states the terms of your divorce.
If you have children, you will have a child support order and a child custody arrangement. Child support is the money paid from one parent to the other to help cover child-related expenses. Your child support order will be determined according to your income and your former spouses’ income. Your child custody order is the order stating the time your child spends with each parent, which could be split evenly or give one parent more time with the child. To make this determination, the court first determines what is in the child’s best interest.
The division of your marital assets will also be part of your divorce settlement. The court makes this determination using facts about your marriage and life after divorce, such as each partner’s income and assets, the tax burden of each asset, and the length of the marriage.
Spousal support can also be part of your divorce settlement if you or your spouse spent time out of the workforce to focus on your home and children. This is money paid to the lesser earning spouse for a period of time after the divorce to protect him or her from financial hardship.
If you are considering filing for divorce, the first step to take is to speak with an experienced divorce lawyer to determine your options. To get started with Fout Law Office, contact our office to schedule your initial consultation with us.