The divorce process is notoriously complex and requires couples to deal with a number of difficult issues, including child custody, alimony, and property division. While many couples are able to come to out-of-court agreements on some or all of these topics, this is unfortunately not always possible, at which point a judge must step in and make a decision for the parties. In these situations, it is critical for the parties involved to have the guidance and support of an experienced attorney, who can advocate on their behalf. If you are considering divorce, you should strongly consider contacting a dedicated Canal Fulton divorce attorney who can explain Ohio’s laws regarding child support, property division, and custody.
Determining how property will be divided upon the dissolution of a marriage can be one of the most contentious parts of a divorce, which is why courts are so often required to come up with property division arrangements for the parties. When this occurs, judges are required to divide all of a couple’s marital property on an equitable and fair basis. Unfortunately, just because division is equitable, does not necessarily mean that it will be equal. It is essential for each side to provide evidence of which property qualifies as marital and which is separate. Marital property is everything acquired after a marriage, with the exclusion of personal injury awards, gifts, and inheritances. Separate property is all assets acquired prior to the marriage. The characterization of property as marital or separate is important, because only marital property must be divided equitably, while separate property remains in the sole possession of the original owner.
Many couples are able to come up with custody arrangements on their own. However, when this is not possible, courts are permitted to issue an order for the care, maintenance, and disposition of any of the couple’s children based on what is in the children’s best interests. There are a few different options available to court, which is can either award sole custody to one parent with visitation to the other, or shared parenting to both. A shared parenting order requires both parents to share in all or some of the aspects of the children’s care, but does not necessarily mean equal parenting time. When determining what type of arrangement is in a child’s best interests, the court can:
These steps can help courts assess the interaction between children and their siblings, the child’s adjustment to their school, home, and community, as well as the mental and physical health of all parties. In some cases, courts can even require parents to attend parenting classes or obtain counseling before parental rights and responsibilities are officially allocated. Often, child support is ordered. Factors for determining the amount of child support are the relative incomes of the parties and parenting time.
To speak with a dedicated and compassionate Ohio divorce attorney about dissolving your own marriage, please call Fout Law at 330-437-7455 today.