Legally ending a marriage is a complicated process, as it requires couples to contend with a number of related legal matters, including how marital assets will be divided, whether one party will be required to pay alimony, and if a couple has children, how parenting time will be divided. Even couples with relatively amicable relationships could face conflict when grappling with these issues, making it especially important for those who are thinking about ending their marriage to ask, “Is there a divorce attorney near me who can help?”
In Ohio, couples who decide to legally terminate their marriages can choose to file for a no-fault or fault-based divorce. The former is often referred to as a Dissolution of Marriage and occurs when two spouses are able to reach an agreement on:
Because an agreement has been reached on all of these matters, couples who choose to dissolve their marriages do not leave the resolution of important divorce-related legal issues in the hands of a judge. Furthermore, these proceedings tend to be resolved much more quickly than divorce actions.
Couples who cannot reach an agreement on some or all of the aforementioned issues will need to file for divorce, which means that the parties must attempt to prove fault for the marriage’s failure. The legal grounds for divorce in Ohio include:
These types of proceedings tend to be much more emotional, contentious, and time-consuming for couples. Fortunately, it is possible to convert a divorce action into a dissolution proceeding by filing a motion with the court that includes a petition for the dissolution of the marriage and a copy of the couple’s separation agreement.
Whether a couple of files for a divorce or the dissolution of their marriage, their union will only officially be terminated after they have dealt with a number of issues, including how marital assets and debts will be divided. Ohio is an equitable distribution state, which means that all of a couple’s marital property must be divided equitably upon divorce. In determining what is equitable, courts assess a variety of factors, including the duration of the marriage, each spouse’s assets and liabilities, the liquidity of the property in question, the tax consequences of dividing the property, the cost of selling an asset, and whether the parties entered into a pre or post-marital agreement.
Before a couple’s divorce can be finalized, they must also determine whether one party will be required to make alimony payments to the other and if so, whether those payments will take the form of a lump sum payment, payments by installment, or a transfer of real or personal property. When making this determination, courts assess both parties’ incomes, as well as the length of the marriage, and each person’s earning ability.
If you and your spouse are thinking about ending your marriage, please contact Fout Law to speak with an experienced divorce attorney near me who can walk you through the filing process.