What have you learned about divorce from friends, family members and the media? Is that information reliable? It can be quite shocking to find out just how wrong some of that information really is. To that end, here are some of the most common things that people get wrong about divorce in Ohio:
1. Divorce Is The Only Option To End A Marriage
In Ohio, divorce is not the only way to bring your marriage to a close. Dissolution is a no-fault alternative to divorce that may take less time and cost less. The outcome is the same: the marriage is legally terminated.
2. You Get To Keep Property That Is In Your Name
All property acquired by either spouse during the marriage is considered marital property and is subject to division, regardless of whose name is on it. However, if the property was acquired prior to the marriage, it is considered separate property and is not subject to division. A few other types of property are considered separate property, including gifts and inheritances. Protecting separate property is a key component of property division.
3. Property Is Divided 50-50
While a 50-50 split of marital property is common, it is not guaranteed. The law requires a division of property that is fair and equitable, but not necessarily equal. There are a variety of factors that need to be looked at that could tip the balance, including each spouse's income and earning potential.
4. Mom Gets Custody Of The Kids
Ohio courts do not favor mothers. They do not favor fathers either. They favor the children, and every action is based on doing what is in the child's best interest. Typically, that means child custody arrangements that allow the child to maintain positive relationships with both parents.
5. Dad Pays Child Support
Just like in child custody matters, Ohio courts have no bias toward one parent or the other when it comes to child support payments. In fact, both parents have an obligation to put money toward raising the child. While one parent may end up sending a check for child support, the other will still be responsible for covering their fair share of the costs of raising the child.
6. There Will Be Alimony Payments
First of all, there is no alimony in Ohio. The term is spousal support. Additionally, spousal support, particularly permanent spousal support, is becoming increasingly rare. It is possible that one spouse may be required to make spousal support payments to the other, at least on a temporary basis, depending on factors like length of marriage, income and earning potential.
7. Divorce Is A Battle
Divorce is often portrayed as an intense battle between the spouses. It does not have to be. There are many options for resolving divorces amicably, even if there are issues that are in dispute. You can resolve the matter through negotiation, mediation or collaborative divorce. You do not have to fight it out in trial.
Do Not Believe The Myths
Forget what you have heard about divorce. Get realistic and personalized guidance about how your divorce can be resolved in a manner that meets your needs. Schedule a free consultation with an experienced attorney.