Is There Any Benefit to Filing for Divorce Before Your Spouse in Ohio?
Filing first gives you the appearance of doing your due diligence in working on your case. I find that people who file first feel productive because they are actively working toward getting their situation resolved. One of the major advantages to filing first is knowing what to expect and being well-informed regarding your case status and what is going on. Compare that to the defendant, who might not know when the paper is going to come or if there is going to be a hearing.
What Are the Options Available to Couples Proceeding With a Divorce in Ohio? How Do You Know Which Option Is Best for Your Client?
The answer is complicated. Ohio allows couples to first attempt mediation on their own, with the help of private mediators. This is done entirely outside of the court. For couples who are no longer speaking to each other or who can’t get along, courts will usually provide their own mediation services (though not every court has this option). These parties would file first and then ask the court to send them to mediation. The option that works best for each couple will differ depending on their unique circumstances.
How Is Custody Determined in Ohio Once the Parents Are No Longer Together?
Determining custody is an extremely complicated matter. In Ohio, we determine custody based on the best interests of the children, which is laid out as statute in the Ohio Revised Code. Parties who are married versus unmarried will also face two completely different situations in Ohio.
Is There Ever an Age Where the Child Can Have Input on Who They Will Live With in Ohio?
In the state of Ohio, there is no set age, but we do look at the circumstances. If the court feels that the child is mature enough to speak to the magistrate or the judge, we’d request for them to do so. It’s really up to the parties if they want to request the child being given input; the courts do not do so automatically. If the parties request it, most courts will have an in-camera interview with the children to express their concerns and state their wishes.
Who Is Responsible for Child Support When Parents Are Not Together? How Is That Amount Determined in Ohio?
Child support is based off of the parenting arrangements. This really depends on the parties’ agreement and their situation. The Ohio Revised Code lays out the requirements for child support, and attorneys and the courts use computer programs to calculate child support. The amount of time the child spends with each parent is an important factor in child support. There could possibly be a deviation if it is close to 50/50 time between the parties. We also look at who the residential parent is for school purposes.
Does Ohio Recognize Alimony or Spousal Support in a Divorce Case?
How the court determines spousal support is also laid out in the Ohio Revised Code, and there is a list of factors that we will look at. Some courts use computer programs to see what spousal support obligation is best for the parties involved. Ultimately, the amount comes down to disparity in income between the parties, the factors for spousal support in the Ohio Revised Code, and the length of the marriage.
What Factors Impact the Division of Assets in a Divorce in Ohio?
I think the biggest thing the court looks at (and would take issue with) would be any mismanagement of funds determined to be marital property. In other words, did somebody hide any assets? Did somebody spend all of the marital money? Once we determine that an asset is marital property, we like to divide it in court or make an agreement otherwise. But if there is some type of financial misconduct, meaning it could affect what will be awarded or what one party will have to pay to the other.
How Do the Courts Handle the Division of Debt in a Divorce Case?
We have to determine that it’s marital debt first. Once we determine that it is marital debt, we see how the debt is allocated name-wise. Is it a joint debt or is it just in one spouse’s name? After that, we look to see what is equitable. We don’t just automatically divide everything in half. Again, we look for any financial misconduct. Did the husband or wife spend money on their boyfriend or girlfriend or others? We look at those factors, and then we determine whether the debt should be equally ascribed to each party.
Which Final Family Court Orders Can Be Petitioned to Be Modified?
The court order usually always retains jurisdiction over the issue of child support and child custody. In order to file for a modification, there has to be a change in circumstances or what’s in the best interest of the child. The court will determine if there is enough change in circumstances, or what’s in the children’s best wishes which is a pretty broad term in the state of Ohio. We really have to look at the situation of the parties. If there is a significant change in circumstances, we also look at the best interest factors to see if the desired change is in the children’s best interest.
For more information on Filing First for a Divorce in the State of Ohio, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (330) 738-8383 today.
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