Divorce can be one of the most challenging life events, emotionally and financially. For those facing this difficult process in Ohio, understanding the legal steps involved and the implications of each decision is crucial. Whether you're considering divorce, or your spouse has already initiated proceedings, knowing what to expect and how to protect your rights can make a significant difference in how your case is resolved. When you need the help of an Ohio divorce lawyer, contact our team at Toy Law Office LLC.

Grounds for Divorce in Ohio

Ohio allows for both "no-fault" and "fault-based" divorces. A no-fault divorce can be pursued when the couple has been living separately for at least one year without cohabitation, or when both parties agree that the marriage is irretrievably broken. No-fault divorces are generally less contentious because they don’t require one party to prove wrongdoing.

Fault-based divorces, on the other hand, require that one spouse prove the other’s misconduct, such as adultery, extreme cruelty, abandonment, habitual drunkenness, or neglect of duties. While filing for divorce on fault-based grounds may seem appropriate in cases where serious issues have occurred, it’s important to note that proving fault can complicate the proceedings. It often leads to a longer, more expensive process, as the accused party may contest the claims.

Property Division

One of the most significant aspects of any divorce is the division of property. Ohio is an "equitable distribution" state, which means the court seeks to divide marital property fairly, though not necessarily equally. Marital property includes all assets and debts acquired during the marriage, except for gifts, inheritances, and certain pre-marriage assets.

The court takes various factors into account when determining how to divide property, including the length of the marriage, the assets and liabilities of each spouse, the economic circumstances of both parties, and any prenuptial agreements. For couples who can reach an agreement on their own, the court will typically approve their property division. However, if no agreement is reached, the court will step in to make a decision.

For some couples, the biggest asset to divide is the family home. Deciding whether to sell the house or allow one spouse to remain in the home can be a difficult and emotional decision. Other significant assets that need to be addressed include retirement accounts, vehicles, and business interests. Hiring an experienced divorce lawyer in Ohio can help make sure that your rights are protected and that you receive a fair portion of the marital estate.

Child Custody and Parenting Time

For divorcing couples with children, child custody and parenting time (visitation) are often the most emotionally charged aspects of the process. Ohio courts prioritize the best interests of the child when making custody decisions, which means they'll focus on creating an arrangement that promotes the child’s well-being, safety, and stability.

There are two main types of custody in Ohio: legal custody and physical custody. Legal custody refers to the right to make decisions about the child’s upbringing, such as where they go to school, what kind of medical care they receive, and their religious upbringing. Physical custody determines where the child will live and how much time they'll spend with each parent.

In most cases, courts prefer to grant shared parenting, where both parents are involved in the decision-making process and the child spends time with both parents. However, if shared parenting isn't in the best interest of the child, the court may grant sole custody to one parent. Factors the court will consider include each parent’s ability to care for the child, the child’s relationship with each parent, and any history of domestic violence or substance abuse.

Ohio courts encourage both parents to remain actively involved in their child’s life, and parenting time arrangements are created to reflect this goal. A parenting time schedule will outline when the child will be with each parent, covering weekdays, weekends, holidays, and vacations. The goal is to minimize disruption to the child’s routine while making sure that both parents have meaningful time with their child.

Spousal Support

Spousal support, also known as alimony, may be awarded to one spouse during or after a divorce to help them maintain a similar standard of living. In Ohio, spousal support isn't automatically granted in every divorce case. Instead, the court considers several factors to determine whether spousal support is necessary and, if so, how much should be paid and for how long.

Factors considered include the length of the marriage, the income and earning ability of each spouse, the standard of living established during the marriage, and the financial needs of the spouse seeking support. In marriages where one spouse was the primary breadwinner and the other spouse stayed home to raise children or sacrificed their career for the benefit of the family, spousal support is more likely to be awarded.

Spousal support can be temporary or permanent. Temporary support is designed to provide financial assistance while the divorce is pending or for a limited time after the divorce, while the receiving spouse works toward becoming financially independent. Permanent support, on the other hand, is typically reserved for long-term marriages where the receiving spouse is unlikely to become self-sufficient.

The Role of Mediation and Collaborative Divorce

In many cases, divorcing couples prefer to avoid a contentious court battle by using mediation or pursuing a collaborative divorce. Mediation involves working with a neutral third party who helps the couple negotiate and reach agreements on key issues like property division, child custody, and support. Mediation can be a cost-effective and less adversarial option, allowing both parties to have more control over the outcome.

Collaborative divorce is another alternative to litigation, where both spouses, along with their divorce lawyers, work together to resolve their differences without going to court. Collaborative divorce requires a commitment from both parties to openly share information and cooperate in the negotiation process. If successful, this method can save time, reduce conflict, and help both spouses move forward amicably.

Preparing for Divorce

Going through a divorce can be overwhelming, but proper preparation can ease the stress and help you achieve a favorable outcome. Gathering financial documents, such as bank statements, tax returns, and property deeds, is an important first step. Additionally, it’s important to consider your goals for the divorce, including what type of custody arrangement you believe is best for your children and how you would like to divide the marital assets.

It’s also essential to protect your rights by seeking the advice of an experienced family lawyer. Your divorce lawyer will guide you through the process, help you understand your legal rights, and advocate for your interests in negotiations and court, if necessary. They'll also advise you on how to avoid common mistakes, such as making emotional decisions or agreeing to unfavorable terms out of a desire to end the process quickly.

Choose Us for the Legal Support You Need

Divorce is never easy, but understanding the legal process in Ohio can help you manage it with more confidence and control. Whether you’re seeking a no-fault divorce, negotiating child custody, or determining how to divide assets, having an experienced divorce lawyer on your side is crucial. 

A knowledgeable divorce lawyer can provide the guidance and support you need to protect your rights, your finances, and your future as you move through this difficult chapter in your life. Don’t hesitate to reach out to us at Toy Law Office LLC. We’re located in Athens, Ohio, and serve clients throughout Ohio, including Athens, Vinton, Jackson, Morgan, Washington, Meigs, Hocking, Fairfield, Perry, and Gallia.