Family law encompasses a wide range of legal matters, including not only divorce, but also adoption, child custody, property division, and spousal maintenance. Resolving these issues can be complicated, so if you have questions or concerns about a family law matter, it is important to contact experienced family law attorneys Canton who can advise you.
Ohio is a no-fault divorce state, which means that couples are not required to provide proof of fault in order to legally end their marriage. Instead, couples need only demonstrate that they have been living separate and apart for at least a year and are incompatible with each other. However, even if two parties file for a no-fault divorce, they will still be required to contend with a host of complex issues, including property and debt division and spousal maintenance, and if they have children, child custody and child support. Having an experienced Canton family law attorney on your side can make all the difference when it comes to resolving these complicated issues.
Parents who have separated may need to go to court to reach a custody agreement, which includes a daily time-sharing schedule, as well as details about each parent’s decision-making responsibilities. When making these determinations, family law judges assess a number of factors but are primarily guided by what would be in the child’s best interests, which in turn requires the analysis of the child’s relationship with each parent, the emotional and mental health of both parents and the child, and the adjustments that would be required of the child because of new living arrangements.
Before finalizing a divorce, family law courts assess whether one party will be required to make spousal maintenance payments to the other after the end of the marriage. When deciding whether spousal support is appropriate and if so, the nature, amount, terms, and duration of payments, courts look to a few important factors, including:
After assessing these factors, a court will decide the duration, amount, and type of payment to which one party will be entitled. For instance, some parties are ordered to pay spousal support in a single lump-sum payment, while others are tasked with paying in regular installments or to transfer certain assets to the former spouse in lieu of payment.
Couples who share children and who decide to end their relationship will need to go to court to establish a child support payment schedule. When calculating child support, courts use an established schedule to determine the amount, which is based on the parties’ gross incomes, as well as each parent’s living expenses, the number of children to be supported, the amount of time that the child spends with each parent, income taxes, and the parties’ health insurance obligations.
To speak with experienced family law attorneys in Canton about divorce, adoption, spousal maintenance, child support, or another family law matter, please call Fout Law or send us an online message today.