Although most people don’t enter into marriage with the belief that they will later get divorced, the reality is that many couples do decide to dissolve their marriage. While this can be a painful and emotional process, it is often in a family’s best interest. Unfortunately, filing for divorce can aggravate already existing frustrations, especially if a couple has an especially acrimonious relationship. This can make it difficult to come to an agreement outside of court, which in most cases, means that a judge will have to step in and make important decisions for the parties involved. This takes a significant amount of power out of the hands of the parties themselves and can also cost the parties more time and money in the long run. Being represented by an attorney can help the negotiations go more smoothly, while also ensuring that a client’s interests are protected. If you have questions about filing for divorce, it is important to contact an experienced Massillon divorce attorney who can explain your legal options.
Allocating Rights and Responsibilities to Parents
Some of the biggest sources of contention in divorce proceedings are how parenting time and parental rights are allocated. In Ohio, courts no longer automatically grant sole custody of a child to one party. Instead, judges allocate parental responsibilities and rights among the parties in a way that best serves the best interest of the child in question. Shared parenting allows a child’s parents to share decision-making responsibilities, although it doesn’t always mean that both parents will have equal time sharing. When deciding what type of time sharing schedule is appropriate, courts will assess a number of factors, including:
Although these factors play an important role in making parenting time-related decisions, courts will ultimately make a decision based on what is deemed to be in the child’s best interests.
In Ohio, how much child support a non-custodial parent must pay is dictated by specific child support guidelines, that take into account:
Once these costs have all been added together, the resulting child support payments are divided according to the percentages of each party’s income to the couple’s total combined income. In the event that one of the parents changes jobs or is otherwise unable to make the necessary payments, courts can step in and modify the order at a later date.
Courts are also willing to award spousal support after property division has taken place and if reasonable and appropriate. When determining whether spousal support is necessary, courts consider the ages of the parties, each person’s earning ability and health, the length of the marriage, and the standard of living during the marriage. Once a recipient of spousal support remarries, he or she will no longer receive payments.
To speak with a dedicated and compassionate Massillon divorce Lawyer, please contact Fout Law at 330-437-7455. Our talented legal team is prepared to assist you today.