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Divorce
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Need
a Family Lawyer? Click here
 So
the term "Til
Death Do Us Part" wasn't exactly a lifetime
vow? in today's world, we can't be surprised.
We know that the marital oath isn't the oath
it once was, and maybe it is no-fault divorces
causing that, or maybe it's a lax society. In
any case, you're here and needing answers. Take
a deep breath. If nothing else, we'll give you
some answers and ease your anxiety. If you're
having a tough time coping, perhaps you should view
this page first.
Child Support
Ohio divorce
laws allow for family courts to order one or both
parents to pay a reasonable amount of child support.
Guidelines have been established allowing for
a relatively simple calculation. The court has
the latitude to deviate from the guidelines if
it finds applying the guidelines would result
in an unjust or inappropriate award.
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Ohio
divorce statutes allow for the "Income Shares" method
of calculation, which makes each parent responsible
for a proportionate amount of the over all combined
income. The court will order that one
or both of the parents provide for the health
care needs of the child to the satisfaction,
and all payments be made through the Office of
Child Support in the Department of Job and Family
Services. If you'd like to learn more, click on
the link above. Find customer service phone numbers
and questions answered.
Are you just starting out with divorce, and
need a blueprint, or guidance, on what to do and
NOT do? Things your attorney may not tell you? Killer
Divorce Attorney and top Marriage Psychologist show
you exact steps how to become
happily divorced.
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Child Custody
Ohio courts will presume
that joint custody will be in the children's best
interest unless it finds otherwise. Whenever
possible, the order or decree permitting the parenting
time will ensure the opportunity for both parents
to have frequent and continuing contact with the
child, unless frequent and continuing contact
by either parent with the child would not be in
the best interest of the child. "Best
interests of the children" is the primary
mission of Ohio divorce laws.
You might consider drafting
and then filing a parenting plan with the court.
If you can get your divorcing spouse to sign on,
it'll make things flow much more smoothly. The
judge can accept however, a plan from one of you,
and if the court determines that that plan is
reasonable and in the children's best interest,
it can be so ordered. The courts may consider
the following: 1.) The wishes of the child; 2.)
The wishes of the child's parents regarding the
child's care; 3.) The child's interaction and
interrelationship with the child's parents, siblings,
and any other person who may significantly affect
the child's best interest; |
4.)
The child's adjustment to the child's home, school,
and community; 5.) The mental and physical health
of all persons involved in the situation; 6.)
The parent more likely to facilitate court-approved
parenting time rights or visitation and companionship
rights; 7.) Whether either parent previously has
been convicted of or pleaded guilty to any criminal
offense involving any act that resulted in a child
being an abused child or a neglected child; 8.)
Whether either parent has established a residence,
or is planning to establish a residence, outside
this state.
Wondering who will get
awarded child custody? Each case is different,
but the courts award primary custody to the mother
of the child in more than three-quarters of the
cases, although the trend of late has been more
to the fathers being award custody. In general
terms, the mother will get physical custody unless
it can be proven that she has demonstrated poor
parenting skills that threaten the children's
safety.
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Visitation/Co-Parenting
Parties
to a divorce or separation have the ability bestowed
by divorce laws to fashion a visitation (parenting)
agreement and submit it to the court for approval.
In most cases, if it meets Ohio law and is in
the best interest of the children, it is added
to the divorce decree. If the parties are unable
to agree, the court will impose a schedule. In
each case, you should consider the following issues:
What are the rights and responsibilities of each
parent? Who has legal custody? Which holiday does
the child spend with you? What time and where
may the other parent pick the child up? What time
should the child be returned home? What is the
procedure to follow if either of you are running
late and won't be there on time? How much notice
should you be given if they are planning a vacation?
How far
away may the other spouse move? What about future
partners? Should those partners stay overnight
in front of the children? Be as creative and inclusive
as possible. |
The visitation agreement
should have the following elements that will cover
the time the children spend with the non-custodial
parent: alternate weekend visitation (3-day weekends
included), mid-week visitation, sharing of the
children during periods of school recess -winter,
spring and summer, New Year's Eve, Easter, Rosh
Hashanah and Yom Kippur, Thanksgiving, and Christmas
with one parent or the other in alternate years,
Father's Day with Father, Mother's Day with Mother,
alternate years on the children's birthdays, and
open communication by phone and computer.
Be aware that you have to guide your side of
the divorce. Don't rely that your attorney will
think of everything. You set the course; your
lawyer navigates. If you anticipate any problems
with custody or visitation, we suggest you own Child
Custody Strategies.
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Alimony/
Maintenance/ Spousal Support
One
party to the divorce may request alimony, and
after the court divides the marital property,
the court can award reasonable spousal support. The
awards can be temporary, permanent or have a finite
period of payment. Awards can be in lump sum or
periodic. Some of what may be considered include:
1.) The income of the parties, from all sources,
including, but not limited to, income derived
from property divided, disbursed, or distributed,
2.) The relative earning abilities of the parties,
3.) The ages and the physical, mental, and emotional
conditions of the parties, 4.) The retirement
benefits of the parties; 5.) The duration of the
marriage, 6.) The extent to which it would be
inappropriate for a party, because that party
will be custodian of a minor child of the marriage,
to seek employment outside the home, 7.) The standard
of living of the parties established during the
marriage, |
8.)
The relative extent of education of the parties,
9.) The relative assets and liabilities of the
parties, including but not limited to any court-ordered
payments by the parties, 10.) The contribution
of each party to the education, training, or earning
ability of the other party, including, but not
limited to, any party's contribution to the acquisition
of a professional degree of the other party, 11.)
The time and expense necessary for the spouse
who is seeking spousal support to acquire education,
training, or job experience, 12.) The tax consequences,
for each party, 13.) The lost income production
capacity of either party that resulted from that
party's marital responsibilities, and 14.) Any
other factor that the court expressly finds to
be relevant and equitable.
Ohio divorce laws guide
the courts rather than case law. A handful of
states still use case law as guidance.
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Grounds
For Divorce
Ohio divorce laws allow
for the following grounds for divorce: 1.) Either
party had a husband or wife living at the time
of the marriage from which the divorce is sought;
2.) Willful absence of the adverse party for one
year; 3.) Adultery; 4.) Extreme cruelty; 5.) Fraud;
6.) Any gross neglect of duty; 7.) Habitual drunkenness;
8.) Imprisonment of the adverse party in a state
or federal correctional institution at the time
of filing the complaint;
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9.) Procurement of a
divorce outside this state, by a husband or wife,
by virtue of which the party who procured it is
released from the obligations of the marriage,
while those obligations remain binding upon the
other party; 10.) On the application of either
party, when husband and wife have, without interruption
for one year, lived separate and apart without
cohabitation; 11.) Incompatibility, unless denied
by either party.
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Marriage
Annulment
Marital Annulment
A successful
petition to a court for an annulment will cause
the court to decree that a marriage is null and
legally treat it as if it never occurred. One
must petition as in a divorce or separation proceeding,
including having the other party served. It is
more difficult to get an annulment versus a dissolution
because Ohio annulment laws require a greater
degree of proof. Grounds for annulment in Ohio
include: Bigamy-having more than one spouse at
a time, |
Impotency-
an inability to consummate the marriage is a valid
annulment ground, Mental Illness or incapacitation-
your spouse is mentally ill either permanently
or partially is grounds for an annulment, an Underage
Marriage is grounds for annulment and Incest-
where one marries someone too close to them relationally
(siblings, first cousins etc.)
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Marriage
Counseling/
Mediation
Mediation can be ordered
at any time following the service of a summons
or at any time the court sees fit if it believes
it would benefit the parties involved. Should
one of the parties make a motion for mediation,
the court will consider that motion. Mediation
can be ordered to attempt reconciliation or to
resolve differences so the divorce may proceed. The
court may order the parties to take part in family
counseling during the course of the proceeding as
well.
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Legal
Separation/
Marital Separation
To begin an action for
Legal Separation, one party must file suit alleging
one of ten "grounds" for the suit. A
Legal Separation petition will be accepted by
the court if the petition is properly filed and
the grounds are clearly identified. Legal Separation
in Ohio is a civil lawsuit that does not legally
terminate the parties' marriage as a Divorce or
Dissolution does. A legal separation does allow
the Court to issue orders concerning property |
division,
spousal support, child support, and allocation
of parental rights and responsibilities (custody
and visitation) in much the same way as in a Divorce
action. Legal separation is often pursued when
one of the parties wants to stay married for religious
reasons, wants the advantage of deductibility
of spousal support payments for income tax reasons,
wants to maintain various insurance coverage's,
or do not want to wait the state statutory waiting
period for termination of marital status.
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Waiting
Period
There are no waiting periods
other than the residency requirement(s). |
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Grandparents Rights
Ohio
laws allow for orders granting parenting time
or companionship or visitation rights. In a divorce
action the court may grant reasonable visitation
rights to any grandparent, or any other person
other than a parent, if all of the following apply: 1.
The grandparent, relative, or other person files
a motion |
with
the court seeking visitation rights; 2. The court
determines that the grandparent an interest in
the welfare of the child; and, 3. The court determines
that the granting of the visitation rights is
in the best interest of the child.
State
Fact Sheets for Grandparents and Other Relatives
Raising Children
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Divorce
Settlement
The
parties have an opportunity to agree to a divorce
settlement of assets and debts during the divorce
or separation process. If they cannot agree, the
court will follow Ohio divorce statutes that allow
this state to be treated as an "Equitable
Distribution"
state, meaning that the court will set aside all
non-marital assets and the divide the remainder
equitably, although that may not mean evenly.
Considerations for the court may include: 1.
The duration of the marriage; 2. The assets and
liabilities of the spouses; 3. The desirability
of awarding the family home, or the right to reside
in the family home for reasonable periods of time,
to the spouse with custody of the children of
the marriage; 4. The liquidity of the property
to be distributed; 5. The economic desirability
of retaining intact an asset or an interest in
an asset; |
6.
The tax consequences of the property division
upon the respective awards to be made to each
spouse; 7. The costs of sale, if it is necessary
that an asset be sold to effectuate an equitable
distribution of property; 8. Any division or disbursement
of property made in a separation agreement that
was voluntarily entered into by the spouses; 9.
Any other factor that the court expressly finds
to be relevant and equitable.
Did you come into this
marriage owning a house? Concerned about the equity
in that house that you brought into the marriage?
Here's how it works generally. What you brought
into the marriage is usually all yours. However,
any appreciation of the house or the property
value is normally treated as a "marital asset",
meaning that you will likely forfeit a third to
a half of that appreciation to your spouse in
the divorce.
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Residency
Requirements
The
person filing the action for divorce must have
been a resident of Ohio for at least six months
immediately before filing the complaint. Ohio
divorce laws suggest that you file your action
either in the county where the marriage took place,
or in the county where the cause of the breakdown
of the marriage occurred.
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