 The divorce process in Ohio is controlled, in large part, by Ohio statute. Ohio statute also sets forth the residency requirements that dictate when Ohio can legally hear your divorce complaint.
A divorce can be resolved by agreement between the parties. However, if parties are unable to reach an agreement by themselves, they can try the their unresolved issue or issues to the court. The court will then issue an order that resolves the dispute between the parties and finalizes the divorce. There are several ways spouses might be able to separate in Ohio. Generally speaking, though, spouses turn to one of two ways to terminate their marriage: A divorce or a dissolution. See our blog posting on Ways to Legally Terminate your Marriage for additional information on the other ways to terminate a marriage.. Four issues are addressed in most divorces. First, and the issue that must be resolved in all cases, is division of marital property -- all marital assets and marital debts. Next, many marriages involve children, which adds two other broad issues for resolution: parenting time and child support. And, finally,spousal support must be addressed when terminating a marriage. Spouses must be thorough in addressing their issues during divorce to ensure everything is properly dealt with. Otherwise, the divorce case may need to be re-opened and begun again to address the missed issue or issues. Although, sometimes, missing an issue forever bars it from reconsideration by the court, which can have serious harm to the spouse. If you are ready to move forward with considering the divorce process, we ask you to consider using our services. You can reach us through the “Contact” link above. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.  A court has the power to award either spouse spousal support. Spousal support is referred to as alimony by some, though that term is rarely used in the current day in Ohio courts.
When courts consider awarding spousal support, they look at the factors identified in Ohio Revised Code 3105.18. These factors include the income of both spouses presently, in the past, and what each spouse is capable of making; the spouses’ mutual lifestyle; and other equitable factors. When support is awarded to one spouse, it usually comes with limitations. The most common limitation is one of time. Spousal support payments are often limited to a period of years, but you should contact an attorney for the specific estimate for your case. Spousal support can also terminate in other ways, including remarriage by the receiving spouse or the death of either ex-spouse. Ohio has no definite guideline on calculating spousal support. Rather the particular court’s discretion and the facts of each individual case dictate the outcome. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.  Divorce can be emotionally and financially challenging, especially if you are a business owner. You may be worried about the need to sell your business during property division or losing control of the company you built. Careful planning, though, may allow you to protect your business from your divorce.
1. Have a prenuptial or postnuptial agreement in place. It can help be helpful to discuss your expectations with your spouse, and by laying out those expectations in a legal document you can protect your business for the future. Whether you choose to use that agreement to establish that your business is separate property or to discuss what rights your spouse will have to the business, this agreement can make property division less stressful if your marriage ends. As Forbes notes, this can be especially important if you and your spouse have built your business on an equal partnership. If you cannot continue that partnership after the end of your marriage, a prenuptial or postnuptial agreement allows you to detail who will buy the other person’s share of the business 2. Keep your personal funds out of your business expenses. In Ohio, property is divided equitably but not necessarily equally. This means that the goal is to divide your marital property fairly. If you use marital property—assets acquired during your marriage and owned jointly, like a joint bank account—to pay for expenses in your business, it may be considered marital property as a result. 3. Keep in mind that you may need to negotiate if you get a divorce. If your business is considered marital property, you may need to make sacrifices to become its sole owner in the future. This could involve allowing your spouse to take ownership of other high-value assets like the family home in exchange for the business, or it could involve buying out your spouse in the future. With care, you can protect your business from divorce and continue building your company after the end of your marriage. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.  The divorce process in Ohio is controlled, in large part, by Ohio statute. Ohio statute also sets forth the residency requirements that dictate when Ohio can legally hear your divorce complaint.
A divorce can be resolved by agreement between the parties. However, if parties are unable to reach an agreement by themselves, they can try their unresolved issue or issues to the court. The court will then issue an order that resolves the dispute between the parties and finalizes the divorce. There are several ways spouses might be able to separate in Ohio. Generally speaking, though, spouses turn to one of two ways to terminate their marriage: A divorce or a dissolution. See our article on Ways to Legally Terminate your Marriage for additional information on the other ways to terminate a marriage.. Four issues are addressed in most divorces. First, and the issue that must be resolved in all cases, is division of marital property — all marital assets and marital debts. Next, many marriages involve children, which adds two other broad issues for resolution: parenting time and child support. And, finally, spousal support must be addressed when terminating a marriage. Spouses must be thorough in addressing their issues during divorce to ensure everything is properly dealt with. If an issue is missed, the divorce case may need to be re-opened and begun again to address the missed issue or issues. Although, sometimes, missing an issue forever bars it from consideration by the court, which may cause serious harm. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.  Property division in a divorce first turns on identifying the marital property to be divided, because separate property should be retained by the spouse who originally owned it.
Do you understand the difference between marital property and separate property? Marital property as defined in Ohio Revised Code section 3105.171 is property owned by either or both spouses and property in which either spouse has an interest in the property that arose during the divorce. Separate property as defined in Ohio Revised Code section 3105.171 is real or personal property that was inherited, acquired by one spouse prior to the date of marriage, acquired after a decree of legal separation under Ohio Revised Code section 3107.17, excluded by a valid antenuptial agreement, compensation for personal injury, except for loss of marital earnings and compensation for expenses paid from marital assets, or any gift of property that was given to only one spouse. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you. |
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