Canal Fulton Divorce Attorney

Filing for divorce can be a complicated and emotional process, even for couples who come to out-of-court agreements on major issues like child custody and property division. Being represented by an experienced attorney can make all the difference both to the outcome of a divorce case and also how smoothly the process is completed. For help with your own divorce-related questions and concerns, please contact a Canal Fulton divorce lawyer who has the experience and resources to assist you.

Property Division in Ohio

One of the most difficult parts of the divorce process is deciding how a couple’s assets will be divided. Ohio is an equitable division state, which means that in general, all assets accumulated during a marriage are considered marital, regardless of which spouse earned or purchased the property, and so must be divided equitably. The only exception to this rule is when the parties involved signed a premarital agreement.

Certain types of property, known as non-marital assets, however, are not divided upon divorce, but will remain in the sole possession of the original owner. Non-marital assets usually fall into one of four categories:

• Assets that were accrued before the marriage took place;
• Gifts made during the marriage, but only to one of the spouses;
• Inheritances; and
• Personal injury proceeds compensating an injured spouse for pain and suffering.

With the exception of these four categories, courts will generally assume that all assets are marital and will usually require parties who assert that an asset is separate property to provide evidence of a paper trail to back up their claim.

Parenting Time

Some of the most emotional aspects of divorce revolve around the topic of child custody and parenting time. In many cases, couples are able to come to out-of-court agreements regarding where their children will primarily reside and who will have what visitation rights. However, when this is not possible, courts are often required to step in and allocate parental rights and responsibilities. It is generally presumed that shared parenting is in the best interests of most children, but if a court finds that this is not the case, it could award parental rights and responsibility for care to one of the parents. When determining what type of arrangement would be in the best interests of a child, courts assess the following factors:

• The parent’s wishes;
• The child’s wishes, if he or she is of an age to make a reasoned decision;
• The child’s interaction with each parent and any siblings;
• The child’s adjustment to his or her school, home, and community;
• The mental and physical health of all parties;
• Whether one parent is more likely to facilitate parenting time rights and visitation;
• Whether either parent has been convicted of a criminal offense involving child abuse, neglect, or domestic violence;
• Whether one or both parents is planning on moving out of state;
• The parents’ ability to cooperate and make joint decisions regarding their children;
• Each parent’s ability to encourage contact between the child and the other parent; and
• The proximity of each parent’s residence to the other.

To learn more about these, and other factors that a court may take into consideration during a custody hearing, please call our legal team today.

Call Today for Help with Your Own Divorce

To speak with a dedicated Canal Fulton divorce attorney about your own divorce-related questions and concerns, please call Fout Law at 330-437-7455 today.