McCormack Family Law | Top Divorce Lawyer | Child Custody & Support

Ohio statutes and case law propose equal division of property as a place to start. The statute says that ‘the division of marital property shall be equal’ unless equal division is unfair –as it may be for a very short marriage– or if it is established that one spouse has engaged in financial misconduct.

There are many individual situations, however, so a court may make adjustments. Some common examples:

Property. When one spouse can document that they acquired property before marriage and show that it remained separate during the marriage, it will be awarded to that spouse, including appreciation in value that did not come from the effort of the owner. It is deemed ‘separate property’.

Pensions. When one spouse has a pension, courts usually order that the amount of the pension earned during the marriage will be divided evenly between the parties at a value determined on the benefit commencement date. Courts are well aware that the value of benefits changes over time. They generally find that for any year during the marriage that a pension benefit was earned, that benefit should be divided based on its highest value.
Learn more about how courts treat pensions in divorce.

Gifts. Gifts given to one party alone remain the separate property of that party. Often there is a dispute over to whom a gift was given. For example, suppose a significant mortgage was forgiven by one spouse’s parents. It may not be clear that this was a gift to one spouse alone. Careful planning is sometimes appropriate so that the donor’s intent is clearly established.

Unique things. Some things simply can’t be divided– the family dog, for instance, or anything unique, such as the family residence. If you cannot agree, as a rule, the court determines which of you receives that item. If it has significant value, monetary or otherwise, the court will award other property to the other spouse to equalize the value. Sometimes, the court orders an item sold, with the proceeds to be divided.

Child support is not a favor to a former spouse. It is fulfilling a responsibility to children. To put it in a nutshell: in Ohio, each parent is responsible for paying his or her share of the total support each child needs. That’s pretty simple, but here are things to know:

Courts determine child support whenever a divorce or dissolution involves the allocation of parental rights and responsibilities. The court will decide whether and who will pay child support and set the amount.

Ohio law defines what each parent’s share is, based on her or his share of the total income generated by both parents. The law provides courts with guidelines and a table that calculates child support, based on the number of children and the combined income of the parents.

Courts use judgment to adjust the amount of child support parents will pay. They may take into account in-kind contributions by either parent, total household incomes, and other important factors. In general, courts will not create or permit situations where children move from relative affluence to relative poverty at the outset of a divorce or dissolution. They will try to approximate a similar standard of living in both households.

Courts consider medical insurance coverage as part of child support. Depending on each parent’s access to health insurance, the benefits and the costs, the court will decide how to allocate coverage and take it into account in the child support calculation. If neither parent has access to coverage, Ohio law says that the one paying child support will also pay cash medical support. Courts also decide about payment of extraordinary costs not covered by insurance.

Courts allocate dependency exemptions for each child. State law assumes that the custodial parent or the one a child spends the most time with is entitled to the exemption. But courts may allocate the exemption to the other parent if it is determined to be in the best interests of the child.

There is no law that forces you to end your marriage in a certain way. You can end as partners or as adversaries, fighting in court or agreeing in court, breaking the bank or limiting your emotional and financial damage. And at any time, you can change your mind.

Dissolution is cooperative. It is the legal way of agreeing on all issues and moving on. It is completely private and in your control, but for the final judgment which is part of the public court record. What’s involved? First, a written separation agreement that follows Ohio law and spells out your mutual understanding on property, support, and parenting responsibilities. Second, a petition for dissolution, which is your request that the court legally end the marriage in accordance with your separation agreement. As a rule, you go to court only for a formal, brief dissolution hearing about 30 to 90 days after you submit your petition.

Divorce is the alternative when you and your spouse are not on the same page, so to speak, or one of you does not want to end the marriage or participate in resolving issues. When you file for divorce in Ohio you must set forth grounds. There are two no-fault grounds and nine grounds that assign blame. If you file and your spouse does not respond within twenty-eight days of being served with formal legal notification, your divorce will generally be considered uncontested. A final hearing will be set any time after forty-two days have elapsed. In general, divorce means that the partners have issues they have so far been unable to resolve. It does not necessarily mean that you will be antagonists. There are many other possibilities:

Process options. You may choose a collaborative divorce, where both parties and their attorneys sit down to resolve issues together, privately and outside the courtroom. You and your former spouse decide on support, property division, and parenting choices in an atmosphere respectful of everyone’s interests. For problems that resist a collaborative solution, there are different forms of negotiation, professional mediation or arbitration to resolve difficult issues without going to court. For many matters, the least desirable choice is litigation, presenting arguments in court and leaving it up to the judge.

Legal separation is an action that results only in a formal decree of the rights and responsibilities of each spouse while they live apart. It does not dissolve the marriage. A separation agreement, adopted by order of the court, specifies division of debts, assets and parental rights and responsibilities– the same matters involved in a dissolution or divorce. Such a formal separation gives spouses time apart to consider their marriage while keeping in place various benefits that can end if the marriage ends. It also sets a pattern of agreements that are often followed for a divorce settlement, so it is wise to agree on terms that are acceptable in the long run. Some couples seek a planned separation as a more formalized way of working on marriage issues before they think seriously about divorce. (Read more about legal separation).

Annulment is a legal procedure for establishing that a marriage was never valid. The length of the marriage isn’t important. There are seven grounds for an annulment: 1) at least one party was underage; 2) the parties have a close blood relationship; 3) a party was still legally married at the time of the current marriage; 4) one party was unable to consummate the marriage; 5) one spouse lacked the mental capacity to enter into a marriage contract; 6) one person married under duress or by force; 7) one person entered into marriage fraudulently, concealing such things as criminal history, sexually transmitted diseases or impotence.