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What You Need to Know About Divorce in Ohio

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If you are seeking to end your marriage in the state of Ohio, you need to be aware of the laws regarding divorce in the state. Ohio divorce law differs from that of many other states. One of the primary ways in which the laws of this state differ from that of other states is by giving those seeking to end a marriage the option of seeking a dissolution of marriage or a divorce. There are separate requirements that must be fulfilled for each option.

Divorce vs. Dissolution of Marriage

Dissolution of Marriage

For couples who are seeking a way of terminating their marriage out-of-court in the state of Ohio, a dissolution of marriage is an option. To seek a dissolution of marriage in Ohio, at least one spouse must reside in Ohio for a minimum of 180 days. This type of marriage termination requires that both of the parties to the divorce agree on the stipulations of the divorce including, property division, alimony, child custody, child support, and other important issues. All of these terms must be set forth in an agreement which must be attached to the Petition for Dissolution of Marriage and the petition must be signed by both spouses. From which, there will be a court hearing within 90 days of the filing of the petition.

Divorce

The spouse who files for divorce must reside in Ohio for 180 days prior to filing. Unlike with a dissolution of marriage, a divorce requires a finding of fault by the court. Some of the statutory bases for a finding of fault include: adultery, extreme cruelty, gross neglect of spousal duty, bigamy, willful abandonment by the non-filing spouse for a year or more, imprisonment of the non-filing spouse, constant drunkenness, or incompatibility. It is important to note that incompatibility cannot be used as a grounds if one of the parties believes that the couple is compatible. To prove that one of these bases exist for a divorce, either the party filing for the divorce and a corroborating witness must testify that the grounds exist or the non-filing spouse must admit to one of the grounds for divorce.

Division of Property

In Ohio, marital property must be divided by what is known as equitable distribution. This does not mean that property is divided equally between the spouses as is often the case in community property states. Instead, property must be divided fairly between the two members of the couple. This determination is often made by the court. If you are seeking to end your marriage in the Cincinnati area and you are concerned about how your marital property will be divided, contact Zachary D. Smith, LLC, a reputable family law attorney in Cincinnati, OH, for assistance.

Family Counseling

The court has the power to order the spouses who are seeking a dissolution of marriage or a divorce to seek family counseling if there are children involved. The length of time that is ordered to remain in counseling will be determined by the court.

If you or anyone you know is seeking to terminate a marriage in Cincinnati, Ohio, Zachary D. Smith, LLC, is your source for a successful outcome. As one of the top divorce attorneys in Cincinnati, he will represent and guide you every step of the way. For further information or to schedule an appointment, please contact the law office of Zachary D. Smith, LLC at (513) 275-1164 or visit http://ZDSLaw.com/.

Posted in Divorce Law Tagged with: ,

Division of Property in an Ohio Divorce

family law attorney Cincinnati Ohio

One important issue that must be decided when a marriage comes to an end is how the spouses’ property will be divided.  This can often be a significant area of contention between the two parties.  There is room for disagreement and legal maneuvering between the parties in this area in the state of Ohio because, unlike a number of other states, Ohio is not a community property state.  Instead, in a divorce proceeding, Ohio uses an equitable distribution standard in which the property of the marriage is to be distributed fairly between the parties.  This determination is often made by the court.  If you are seeking to end your marriage in the Cincinnati area and you are concerned about how your marital property will be divided, contact Zachary D. Smith, LLC, a reputable family law attorney in Cincinnati, OH, for assistance.

What Constitutes Marital Property in Ohio?

The court has the duty to make the determination of what constitutes martial property in a divorce proceeding in Ohio.  Real property, personal property, and /or retirement benefits or interests in any of these types of property that is acquired during the marriage by either spouse is considered to be marital property.   Furthermore, income generated by separate property or an increase in value of separate property that is the direct result of labor or contribution of either spouse during the marriage can be considered marital property.

Marital property does not include any inheritance that a spouse receives. In addition, the following is considered to be separate property:  property that is acquired by a spouse after a legal separation has taken place; passive income generated by separate property; real or personal property that one spouse owned prior to the marriage; property defined in a prenuptial agreement as being outside of the realm of marital property; gifts that are made to only one spouse; and compensation for pain and suffering related to accidents and injuries that a spouse has suffered during the marriage.  It is important to note that the court has the jurisdiction to determine the distribution of both marital and separate property in a divorce proceeding in Ohio.

If you or someone you know is going through a divorce proceeding and are concerned about obtaining a fair distribution of marital property, contact the law office of Zachary D. Smith, LLC,  today. The experience, dedication and knowledge of Zachary D. Smith will definitely bring about a successful outcome for you. For further information or to schedule an appointment please visit http://ZDSLaw.com/ or call (513) 275-1164.

Posted in Family Law Tagged with: ,