Ending a marriage is a complicated matter, as it requires the resolution of a host of other legal issues, including how the parties will divide their assets, whether one spouse will be entitled to spousal maintenance, and how the couple will share custody of any children. Fortunately, many of these issues can be resolved by couples themselves in an out-of-court setting, which can save the parties a significant amount of time and funds. For help terminating your own marriage, please contact an experienced Canon divorce lawyer who is well-versed in Ohio law and can ensure that your divorce goes as smoothly as possible.
There are two ways to terminate a marriage in Ohio — divorce and dissolution. The former requires a judge to resolve all divorce-related issues, including property division and spousal maintenance, while the latter proceedings leave the fate of these matters in the hands of the parties themselves. Regardless of the route that divorcing parties decide to take, they must satisfy certain residency requirements before they will be permitted to finalize their divorce. For instance, to file for divorce in Ohio, the petitioning party must have lived in the state for at least six months. The same rule applies to those who choose to file for a dissolution of their marriage, although in these cases, either of the spouses can satisfy the residency requirement.
Whether a couple chooses to file for divorce or dissolution, they will be required to contend with a wide range of legal matters. For instance, Ohio residents who wish to end their marriage will only be permitted to do so after the fate of all marital property has been decided. In Ohio, this means that all property settlements must dispose of a couple’s marital assets equitably and fairly based on the duration of the marriage, the property’s liquidity, each party’s liabilities and assets, and the terms of any premarital or postmarital agreements. This applies to all assets obtained during the marriage, regardless of who actually purchased them, including real and personal property and retirement benefits.
Assets that do not fall under this category because they were obtained prior to marriage are considered separate property, and so will usually remain in the sole possession of the original owner. The only exception to this rule applies to any income and appreciation on separate property earned through the labor or monetary contribution of either spouse during the marriage. Similarly, any inheritances given to one spouse via gift or bequest during the course of the marriage will remain in that person’s possession, unless commingled with marital assets.
In addition to resolving any property-related issues, divorcing couples must also decide whether one party will receive spousal support payments after the dissolution of their marriage. Spousal support can take the form of real or personal property or a sum of money, which could be payable in one lump sum or in installments. When it comes to spousal support, the exact nature, amount, duration, and terms of payment will be determined by assessing the parties’ incomes, both party’s ages and physical health, the length of the marriage, the standard of living established during the marriage, and the parties’ earning abilities.
To speak with a dedicated and knowledgeable Canton divorce attorney about legally terminating your own marriage, please contact Fout Law today. You can reach a member of our legal team by phone or online message, so please do not hesitate to contact us at your earliest convenience.