If you are considering filing for divorce, take the time to educate yourself about all that the divorce process entails. It involves the division of the couple’s assets and if the couple has children, the development of child custody and child support plans. In some cases, a spousal support order is also part of a couple’s divorce settlement.
If you have an amicable relationship with your spouse, you can work with him or her to prepare for the divorce before you actually file your paperwork. This will save you time, money, and frustration later. A few ways you can prepare for your divorce include:
Have an idea of how you would like to divide your assets prior to beginning the divorce process. For example, if you are very attached to your home, talk to your spouse about remaining in the home and working this into your divorce settlement. You should also use the time before you file for divorce to cut down on your spending and pay off debts. It can be very easy to go into debt during and after the divorce process.
To begin the divorce process in Ohio, you must file a Petition for Dissolution with the clerk of the courts for the county where you reside. You must have been a resident of this county for at least 90 days prior to filing and a resident of Ohio for at least six months.
In any divorce, the couple’s marital assets are divided among them. This is true whether the couple has multiple real estate properties and millions of dollars in investments or if they simply share a car and a modest checking account. In Ohio, divorcing couples’ assets are divided according to the doctrine of equitable distribution, which means that the court examines each partner’s individual needs and contributions to the marriage to determine a fair, but not necessarily equal, way to divide their assets.
If the couple has children, the court also needs to determine child custody and child support plans. Child custody refers to the time each parent spends with the children following the divorce according to their written parenting plan. Child support is the money paid from one parent to the other to cover the expenses associated with raising a child, such as housing, food, school supplies, and clothing.
If one spouse worked part time or opted out of the workforce to focus on the couple’s home and children, he or she may also be awarded spousal support. Spousal support can be permanent or temporary, depending on the length of the couple’s marriage, both partner’s incomes, and the standard of living established during the marriage.
If you are no longer happy in your marriage and you are considering filing for divorce, first speak with an experienced divorce lawyer to discuss the process in greater detail and determine what you can expect from your divorce based on your unique circumstances. To get this conversation started, contact Comunale Law Office to schedule your initial legal consultation with experienced divorce lawyer Tony Comunale. Do not wait to make the call – be proactive and start working with our firm today.
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