In divorce proceedings, the court determines the property that is marital property and the property that is the separate property of each spouse. Once the property is classified, the court divides the property "equitably" between the spouses.
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Generally speaking, each spouse is considered to have contributed equally to the acquisition and production of marital property. In Ohio, marital property is that which is acquired by the couple during the marriage, defined as the period between the date of the marriage through the final hearing of a legal separation or divorce action. The state defines marital property as including:. Ohio marital property laws exclude the following which are considered "separate property" in a divorce or separation proceeding :.
It's important to remember that, as per Ohio marital property laws, separate property can remain separate even if it's commingled with other types of property unless the separate property can no longer be traced as separate property. It's important to read the actual statute when researching laws, but it can be helpful to first read a summary of the relevant statutes in plain English first.
Ohio Alimony Laws
The following chart provides a brief overview of Ohio marital laws, and links to relevant statutes. Generally, marital property is divided equally; however, if equal division would be inequitable, then the court will decide to divide it in a manner that is equitable as per the court. Some of the factors used to determine that the division of property is equitable are:. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts including federal decisions , ballot initiatives, and other means.
While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law s you are researching. Ohio's marital property laws give you a general sense of how your property will be divided in the event of a divorce or separation. However, the actual asset split depends on the particular circumstances of your case.
Ohio Divorce | Dads Divorce
If you're going through a divorce in Ohio and need assistance with property division issues, it's best to discuss your situation with an experienced divorce attorney near you to get personalized legal advice. Find your Lawyer Explore Resources For At some point, you and your spouse may decide to end the marriage. Ohio law provides an expedited way to accomplish this if you have a separation agreement. Your separation agreement gets incorporated into that petition.
Assuming the agreement covers all the issues the statute requires, this process usually facilitates ending your marriage more quickly than if you followed the normal divorce route.
The answer to that question depends on your circumstances. In other cases, economic factors control the decision. Couples sometimes choose separation because divorce conflicts with religious beliefs. Finally, a couple may opt for separation for the sake of their children, believing it would be less traumatic for them.
What's the best way to end a marriage in Ohio?
But before making the decision, be mindful of potential pitfalls. Before choosing which avenue to pursue, consider consulting a mental health professional to get a handle on how your choice may impact your children. Normally, it refers to a decision by the spouses to live separate and apart, perhaps to give themselves a chance to assess their marriage free from some of the tension that may accompany living together.
The separation would have legal validity if the spouses entered into a binding separation agreement. As a matter of course, however, the court will hear matters regarding the children, like custody and child support.
But the issues that arise in pursuing a legal separation can be quite complex. Attempting to resolve them without input from an attorney or mediator who is well-versed in family law could lead to problems in the future.
So, to protect yourself, consider consulting a knowledgeable local divorce lawyer. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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- Ohio Divorce Laws - Ohio Divorce Source.
- Divorce in Ohio – FAQs?
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