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What to Consider During Divorce

Divorce is never an easy situation to deal with. It can leave you feeling frustrated, disappointed, angry, and defeated. Alimony, property division, and child custody are some of the many factors you will need to deal with during the divorce process.

To ensure that your rights are protected and that you receive a fair settlement, you should hire an experienced Columbus divorce attorney to help you through the negotiations.

Alimony

Alimony, also known as spousal support, may be awarded to either spouse if the judge determines it is necessary. It may be awarded temporarily during the divorce process or permanently once the divorce is finalized. It is possible for you to receive alimony after the divorce, but it is not automatic in Ohio.

To determine whether a spouse will receive alimony or not, the court looks at several factors regarding the couple’s situation. These factors will decide how much alimony to award and the length of time alimony will be awarded. The court considers each spouses:

  • Income

  • Earning capacity

  • Age, physical, mental, and emotional condition

  • Pension and retirement plans

  • Length of marriage

  • Standard of living during the marriage

  • Education

  • Education and training needed for a spouse to be able to get a job

  • Lost wages or earning capacity due to marital responsibilities

The court may also consider any other factors they deem relevant to the case. For example, if you were a stay-at-home parent or worked only part-time to care for your home and children, the judge may order alimony for a set number of years so that you can go back to school or get the job training you need to support yourself.

Property Division

Ohio is an equitable division state, which means that the judge will consider a range of factors when determining how to divide the property. Equitable division is not the same as equal division. It is possible for one spouse to get a greater share of the assets than the other.

Only the money, property, and assets acquired during the marriage are subject to property division. Assets that were purchased before the marriage but significantly increased in value during it can also be counted in this category.

Before rending a decision, the judge will consider each spouse’s contribution to the marriage. Such contributions need not be exclusively economic. If you have raised the children you had with your spouse and created a warm and comfortable home life for them, the court will consider this to be a work of great value.

The earning ability of each person will also be considered, as will economic misconduct. If your spouse failed to disclose assets acquired during the marriage or tried to hide them from a forensic accounting investigator, the judge will take such behavior into account before making a final decision.

Child Custody

Protecting your parental rights should be one of your top priorities. When possible, the court will grant shared custody. They will encourage a child custody agreement that gives a significant role to each parent in the raising of the child. Primary custody will be given to one parent. They will be responsible for the day-to-day life and activities of the child.

However, they will not be able to make any major decisions without the consent of the other parent. You should ensure that the final agreement and visitation schedule is fair to you and your spouse and that it causes the least disruption to the life of your child.

Speak to a Columbus Divorce Lawyer

At the Law Offices of William L. Geary, we understand how difficult this time in your life is. We believe you should never have to go through a divorce alone, which is why we are dedicated to being there with you through every step of the way. Our Columbus divorce attorney will protect you and your family’s rights during the process. Whether you need litigation or mediation, we are here to help.

Call us today at (614) 289-1227 for legal guidance through the divorce process.

 

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