Although dissolving a marriage is notorious for its complexity and its tendency to be emotionally draining, Ohio lawmakers have taken steps in recent years to make the process simpler and less painful. This was primarily achieved by instituting the legal practice of no-fault divorce, as a result of which, couples who want to end their marriages are no longer required to prove that one or the other was at fault for the union’s failure. Instead, the parties must only agree that they are incompatible and that reconciliation is not possible, or not in their family’s best interests.
Despite these changes, terminating a marriage still requires couples to grapple with a host of complicated issues, such as property division, alimony, and child custody. To ensure that your own interests are represented during this process, please contact a dedicated Greentown divorce lawyer who can explain your legal options.
Until only a few years ago, spouses who wanted to end their marriages in Ohio were required to prove that one of the parties was guilty of adultery, abandonment, mental cruelty, abuse, or suffered from a mental defect before a court would finalize a divorce. Recognizing that this practice led to more contentious divorce proceedings, Ohio, along with 33 other states, began giving couples the opportunity to file for a dissolution of marriage, or a no-fault divorce.
During these types of proceedings, both parties must:
Couples who are able to fulfill these requirements must seek review of their agreement in court, where a judge will assess the parties’ wishes and ensure that both individuals understand the terms of the agreement. After any issues with the agreement have been resolved, the court will issue a dissolution, effectively ending the marriage. Unfortunately, it is not always possible or appropriate for a couple to pursue a no-fault divorce. In these cases, couples who want to end their marriages will need to litigate divorce-related issues in court.
Regardless of whether a couple files for divorce or dissolution of their marriage, they will be required to contend with a number of complicated issues. For instance, in either case, both parties must divide their marital assets in an equitable manner, although all separate property, or assets acquired prior to marriage, can remain in the possession of the original owner, as long as they were not commingled with marital assets during the marriage. Besides property division, divorcing couples will also need to determine whether one party will be required to make spousal support payments to the other, and if so, in what amount, and for what duration. Finally, couples with children will only be granted a divorce after they, or a court, come up with a parenting plan, in which responsibility for parental decision making, as well as parenting time, are divided between the parents, in such a way that serves the child’s best interests.
To speak with an experienced Greentown divorce lawyer about your own pending divorce, please contact Fout Law and a member of our legal team will help you schedule an initial consultation at your earliest convenience.