No matter how far along you are into your marriage, the process of divorce will be characterized by stress, unfamiliarity, and uncertainty. Even if this is the most appropriate decision at the time, it is still an extremely hard one to make.
Before filing for a divorce in Ohio, it is important to set realistic notions that will satisfy both parties. The only way to do this is through adequate planning and proper understanding. However, this might seem impossible in a divorce. How can this be achieved?
In Ohio, there are basic laws on divorce that you have to consider. It is important to note that these laws and their interpretation may differ from one state to another. If both you and your spouse can reach a conclusive agreement, the process will be quite simple.
But if there are a lot more details than you can handle, you should both consider getting legal help. Enlisting the services of divorce lawyers Dayton Ohio could be the key to helping you come to an amicable settlement. Before starting the process, here are 5 things you should know about filing for divorce in Ohio:
- Dissolution and Divorce are Different
Marriage dissolution occurs when both parties are able to collaborate and agree on a legal structure of separation. This means that both parties have agreed to a settlement and legal separation.
On the other hand, a divorce occurs when the two parties cannot agree to the terms of separation. As a result, the matter can only be settled in a court of law. In Ohio, divorce is supported in case of adultery, bigamy, extreme cruelty, negligence, and imprisonment among others. However, it is important to note that their outcomes are similar.
- Child Custody
The legal system in Ohio believes that both parents should have access to their children. This means that it allows joint custody. It also follows less stringent statutory laws concerning child support and spousal alimony. The system requires both parents to support their children.
It’s also important to note that the court may ask your child about their desired parental rights allocation and responsibilities. The ultimate goal is to protect your child’s best interests.
- Know Where You Will Live
When two people are going through the process of divorce, Ohio law courts do not allow you to stay under the same roof. So you will have to consider where your children will stay during this period. Your first step should be to come up with a plan of action that will guide you in terms of accommodation, employment, and any other support required.
- Division Of Property
Division of property heavily depends on knowing whether to classify it as marital or separate property. Marital property is described as that property acquired together within the period of marriage. In Ohio, such property is distributed equitably among the divorced partners.
Separate property is that which is acquired before or during the marriage, but ownership is attributed to only one spouse. According to Ohio law, it is not subject to equitable division. Assets are considered as separate property if a prenuptial agreement was signed.
- Your Actions can Influence the Outcome of Your Divorce
When going through a divorce, there are a lot of things to keep in mind if you want to achieve positive results. This means that your plan of action should include a comprehensive list of the steps you need to take, as well as the mistakes to avoid. For example, if your spouse finds out that you are hiding assets, this may negatively affect your divorce. Therefore, it is important to consider all your currents actions to ensure a favorable outcome.