Obtaining a divorce can be difficult, as it tends to be a legally and emotionally complex process. Having an experienced divorce attorney in Canton on your side during your own divorce can play a crucial role in ensuring that the proceedings are resolved as smoothly and quickly as possible, so if you are thinking about filing for divorce, please contact a member of our divorce legal team to learn more about how we can help.
Under Ohio law, all of a couple’s assets and debts that were accumulated by either spouse during the marriage must be divided equitably upon divorce. The only exception to this rule applies in cases where the parties signed a prenuptial agreement. Otherwise, a divorcing couple can expect that their assets and debts will be divided fairly, which often takes the form of an equal division. If, however, there is evidence of financial misconduct on the part of one spouse, a court may be willing to grant a greater portion of the parties’ assets to one spouse. Financial misconduct includes the purchase of illegal substances, failing to disclose an asset during divorce proceedings, or losing significant amounts while gambling.
However, it is important to note that these equitable distribution rules only apply to marital assets. Non-marital property, which includes assets owned by one spouse prior to marriage, gifts made to only one spouse, inheritances, and personal injury awards for pain and suffering, on the other hand, will remain in the sole possession of the original owner.
Spousal support is a term used to describe payments that are made to a spouse or former spouse for the benefit of that individual’s sustenance and financial support. During divorce proceedings, after a court has determined how a couple’s property will be divided, the court also has the option of awarding reasonable spousal maintenance to either party. The amount, nature, terms of payment, and the duration of support will be determined based on a few different factors, including:
Once these factors have been assessed, a court will decide whether the payments will take the form of real or personal property, or by a sum of money, and whether payments will be made in installments or as a lump sum.
Couples with children who decide to divorce will also need to grapple with how parenting time and decision making responsibility will be divided between them. In most cases, courts prefer to issue shared parenting orders that require both parents to share some or all of the aspects of physical and legal care. They also have the option, however, of awarding sole custody to one parent and visitation to the other. In either case, courts are guided by what would be in the child’s best interests.
To speak with an experienced Canton divorce lawyer about terminating your marriage, please call Fout Law today.