In an ideal world, divorcing spouses would agree on how to divide property acquired during their marriage. In reality, it can be difficult to reach a compromise, so a court must make the determination on asset division. Either way, it’s necessary to conduct an in-depth assessment of all assets and debts to ensure each spouse gets an equitable share. Disputes can be expensive and time-consuming.
At Fout Law, our property division team has the attention to detail necessary to represent your interests when the time comes to divvy up assets. Attorney Teresa Fout is a creative problem-solver, with negotiation skills to help you reach an agreement with your spouse. However, she’s also an experienced trial lawyer that will take the battle to court if necessary to protect your rights.
Under Ohio law, all property acquired during the marriage is subject to division when a couple divorces. Marital property is treated differently from separate property, which is deemed as belonging to one spouse; an inheritance, certain types of gifts, and assets individually owned prior to the marriage fall into the category of separate property.
A court is required to divide marital property “equitably” between spouses in the absence of an agreement, though this concept doesn’t necessarily mean “equally.” Instead, a judge will consider what is fair and just in distributing property to the parties, including:
Instead of going to court to have a judge make a determination on asset division, parties may employ other methods to divvy up the marital property. These approaches are often preferred because they put divorcing spouses in control over the outcome, rather than relying on legal formulas that may not be desirable for either party.
Property division is one of the most contentious issues in an Ohio divorce case, so you need an experienced lawyer to represent your interests. Whether we’re preparing an agreement to divide assets or representing your interests in court, you can be sure we’re looking out for your welfare. If you have questions about your case or would like to set up a consultation, please contact the North Canton, OH office of Fout Law at 330-437-7455. You can also send us a message online for more information.
Teresa is a very professional legal representative that was very patient with me and very comforting. She took the time to answer and clarify, if needed, any questions I had. She was very helpful and knew the laws and how to handle what I would call a difficult situation. She even assisted me after the divorce was final with some advice I needed and was there for me even with her busy caseload. I would certainly recommend her to anyone that would need her services.
Attorney Fout is amazing! She had to wear many hats during a very difficult case for my children and me over a 3-year process. She has a great depth in many areas of the law with the ability to understand how painful these times can be. She is very professional and has an extreme passion for high integrity. Because my children were involved her background as a Guardian ad Litem was so profound. I recommend her to others in need, as she can help in a plethora of legal avenues.
Teresa Fout is a fantastic advocate for divorce. She is concerned with the well-being and safety of children and did a good job getting my family what we needed. She is well-spoken, intelligent and extremely creative when problem-solving. She is personable and timely. I would recommend her to anyone who is looking for a good family, adoption, or divorce attorney. She is supportive, logical, and does her research.
Teresa is a knowledgeable and very professional attorney who cares about her clients. She did a great job in walking me through divorce, custody and support issues which are inherently fraught with emotional overload and can be simply overwhelming. I believe her solid advice prevented me from taking unnecessary actions, which would have resulted in substantially higher costs without gaining anything in return. I highly recommend her.
Teresa was wonderful, compassionate and professional. I would highly recommend her to others.
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