From both an emotional and financial standpoint, few things turn life upside-down as quickly as a divorce. Distance strains the relationship between parents and children. Other issues, such as parental alienation syndrome, sometimes creep into the picture, as well. This same distance creates financial problems. Generally, both parents must adapt to a lower standard of living.
At the Fout Law Office, our diligent Canton divorce lawyers work hard to resolve all these issues. We begin each case with a conversation, so we understand your needs and goals in a particular situation. Then, we lay out all your legal options, carefully explaining the pros and cons of each one. Then, when we choose a direction, we never stop fighting for you.
Like most other jurisdictions, Ohio is an equitable distribution state. Upon divorce, the judge must equitably divide marital property between the two parties. The division must ensure that the divorce is not an unfair financial burden on either party.
The property division process begins with property classification. Unless the parties had a premarital agreement or the marriage was very brief, classification is complex. To determine what constitutes an equitable division, most Ohio judges look to a number of factors, including:
In Ohio, there is a presumption that a 50-50 division is a just and right division of the marital estate. To overcome this presumption, a Canton divorce lawyer must present substantial evidence on at least one point.
Roughly these same presumptions and factors apply in spousal support matters. There is a presumption that obligees are entitled to the minimal amount of support they need to achieve economic self-sufficiency. In addition to the aforementioned factors, some others include the custody of a minor disabled child and the award of nonmarital property.
Child support is different. Generally, guideline amounts apply in these cases. The guideline amounts account for such factors as the income of both parties and the parenting time division. Ohio judges can go outside the guidelines and order more or less child support in certain situations.
The aforementioned parenting time division must be in the best interests of the children. Ohio has a co-parenting law. So, there is a presumption that children benefit from meaningful and consistent contact with both parents.
In many situations, the traditional every-other-weekend/every-other-holiday arrangement works well for both parents and is in the best interests of the children. Out Canton divorce lawyers usually look at nontraditional arrangements as well.
The empty nest division is a good illustration. Children do not go back and forth between their parents’ homes. Instead, the parents go back and forth from the children’s home. There are obviously some significant pros and cons. Empty nest divisions are often ideal for children, but they only work if the parents are on very good terms and live very close together.
Emotional and financial provisions are both subject to future modification. Ohio judges change these provisions if the relevant circumstances have materially and substantially changed.
Most divorces include both emotional and financial issues. For a confidential consultation with an experienced Canton divorce attorney, contact the Fout Law Office, LLC. Convenient payment plans are available.
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