Although most people associate divorce with contentious legal proceedings, conflict, and expense, the reality is that ending a marriage does not always have to be emotionally draining, time-consuming, or costly. This is especially true for couples who retain an experienced divorce lawyer near Green, OH, who can ensure that their legal interests are protected throughout the proceedings.
Whether a couple is able to negotiate important divorce-related issues in an out-of-court setting or must leave those decisions in the hands of a judge, divorcing spouses must contend with a wide range of complicated issues before their divorces can actually be finalized, including how marital assets will be divided. In Ohio, divorcing couples must divide all assets and debts in an equitable and fair manner. However, this rule only applies to assets that qualify as marital, which means that they were purchased or acquired by either spouse after the marriage took place. Separate property, or assets that were brought into the marriage by either party, on the other hand, will usually remain in the possession of the original owner.
In addition to determining how their marital assets and debts will be shared following divorce, couples who wish to end their marriages must determine whether one of the parties is entitled to spousal maintenance going forward, and if so, for how long and in what amount. The form these payments take varies depending on the couple’s specific situation. For instance, many alimony payments are made regularly over the course of years, while others take the form of a lump-sum payment or even a larger share of a certain marital asset. When making these determinations, courts take a variety of factors into account, including the length of the marriage, both parties’ incomes and assets, the standard of living during the marriage, as well as both parties’ health and employability.
Couples who share children and who decide to end their marriages must also grapple with a few other issues, including child support and parenting time. This is achieved through the creation of a parenting plan, which outlines:
When drafting and approving parenting plans, Ohio courts are always guided primarily by what would be in a specific child’s best interests based on that child’s school and community record, relationship with each parent and any siblings, and in some cases, even the child’s wishes.
Please call Fout Law to speak with a dedicated divorce lawyer near Green, OH, about your own pending divorce proceedings. You can also reach a member of our legal team by completing and submitting one of our brief online contact forms.