Answers To FAQs About Divorce And Family Law
If you are facing divorce or another family law matter, you will have many questions about the legal process that follows. Please read the information below for answers to common questions our clients have about various family law matters.
What Options Are Available To End A Marriage In Ohio?
There are essentially three options in Ohio: divorce (contested and uncontested), dissolution and annulment. Each has particular advantages and requirements that may influence what is best for your situation.
Can I Move Out Of State Or Out Of The Area With My Child?
If you want to relocate with your child, you must seek a child custody modification. The court will keep the best interests of the child in mind when making this determination. Relocations are not automatic, and there must be a compelling reason for the move. Talk to a lawyer if you are interested in moving with your child.
How Will Child Custody Be Determined?
The court considers many factors when determining child custody, but primarily the best interests of the child. In making this determination, the court may interview the child in chambers to determine his or her wishes in the matter. The court may also appoint a guardian ad litem to represent the best interests of the child. The guardian ad litem has a statutory duty to investigate and report his or her findings and recommendations to the court. It is important to have an experienced attorney who is familiar with the judge and guardian ad litem on your case.
Will Spousal Support Be Awarded In My Divorce?
Spousal support is not automatic in a divorce. The court considers many factors when determining if spousal support will be awarded. These factors include:
- The earning abilities of both spouses
- The ages and the physical, mental and emotional conditions of the spouses
- The retirement benefits of the spouses
- The duration of the marriage
- Either spouse’s sacrifices in career opportunities to raise children
- The couple’s standard of living during the marriage
- Education of the spouses
- The relative assets and liabilities of the spouses
- Sacrifices made by a spouse for the career or education of the other
- The amount of supported time a spouse will need to gain appropriate employment or education
- Tax consequences
How Much Child Support Will Be Awarded?
In Ohio, a statutory formula is used to determine if and how much child support will be awarded. The factors that will be considered include:
- Special and unusual needs of the children
- Other court-ordered payments
- Extended parenting time or extraordinary costs associated with parenting time
- The supporting parent obtaining additional employment after a child support order is issued in order to support a second family
- The financial resources and the earning ability of the child
- Disparity in income between parties or households
- Benefits that either parent receives from remarriage or sharing living expenses with another person
- The amount of federal, state and local taxes actually paid or estimated to be paid by a parent or both of the parents
- Significant in-kind contributions from a parent, including direct payment for lessons, sports equipment, schooling or clothing
- The relative financial resources, other assets and resources, and needs of each parent
- The standard of living and circumstances of each parent and the standard of living the child would have enjoyed had the marriage continued or had the parents been married
- The physical and emotional condition and needs of the child
- The need and capacity of the child for an education and the educational opportunities that would have been available to the child had the circumstances requiring a court order for support not arisen
- The responsibility of each parent for the support of others
The court may accept an agreement of the parents that assigns a monetary value to any of the factors and criteria listed in this section that are applicable to their situation.
Because there are many reasons that a court may decide that the guideline amount of child support is not appropriate, it is important to consult with an experienced family law attorney when dealing with matters of setting and modifying child support. Call us for a free telephone consultation regarding your child support case.
How Will Our Property Be Divided, And Can I Keep the Home?
Dividing property and debt when a marriage ends can be a very complex process. Ohio law requires an equitable division of marital property, but equitable does not necessarily mean equal. Understanding what is and is not marital property and tracing separate property can make the difference between keeping an asset or dividing it with your spouse. Call us for a free telephone consultation to discuss how we can help you receive the best possible property settlement in your divorce action.
We Can Answer Your Individual Questions In A Free Phone Consultation
If you have additional questions, please do not hesitate to contact us by calling 614-241-2174 or send us an email to arrange a time to meet to discuss your case.