Columbus, OH- Unlike many states, Ohioans who decide to end their marriages, have two options; divorce or dissolution. The state is a mixed state which means an estranged spouse can choose a no-fault or fault divorce and this creates a conundrum for couples who must decide how they will approach their split.
Firstly, it’s important to know that Ohio has a residency requirement of six month. Estranged couples couple who move to the state and have not met the residency requirement must file for legal separation until they meet that requirement. The customary issues that accompany most divorces must be agreed upon and included in the legal separation filing.
It is wise to talk to an Ohio divorce attorney before you decide whether to file for dissolution or divorce. Each filing status has a different set of filing requirements.
Dissolution is a less expensive alternative to divorce, but couples must understand that they have to come to a mutual agreement on issues such as child custody, asset division and financial support. This is an important point. If there are any unsettled contentious issues a dissolution is not possible. In cases of dissolution the court merely approves of a couple’s petition, it doesn’t make any decisions about child custody or dividing a couple’s assets. If a couple cannot come to a mutual agreement on any of these issues, they must then file for a divorce.
This filing applies to couples are unable to come to an agreement on key issues or who hope to gain an advantage in divorce proceedings. In fault divorce, one spouse or both spouses allege that their spouse acted in way Common reasons for fault divorce include domestic violence, infidelity, bigamy, abandonment, drug addiction and incompatibility. There are other issues that can warrant a divorce couples are advised to speak with a divorce lawyer to find out what they are and whether they apply in case.
While there are differences in the way a couple ends their marriage, Ohio is like many states when it comes to child custody. Divorce courts prefer joint custody arrangements in which children spend equal time with both parents. Of course, in some situations where the stability, mental and physical well-being of child is in jeopardy, a court may award primary custody to one spouse. Child support is awarded based on both spouse’s income.
As for property division, Ohio is an equitable division state so assets obtain during a marriage are divided equally among both spouses.
There is a great deal for a couple to consider when seeking a divorce in Ohio. Emotions run high and there is often so much tension between a couple that making important decisions about their divorce is nearly impossible. If this is the case for an estranged couple, they will benefit greatly by retaining a Columbus family law attorney to guide them through the tough decisions. USAttorneys can help you find a divorce law firm in your area and take some of the pain out of the process.