No one goes into a marriage expecting it to end in divorce, and many couples who find themselves looking at the breakdown of the marriage are overwhelmed with how to begin the process of filing for divorce. Divorce is a legal proceeding, and since most divorcing couples are not intimately familiar with the legal system, beginning with an experienced family law attorney is a good place to start.
The most common reasons for divorce are incompatibility, irreconcilable differences, or irretrievable breakdown. These are “no-fault” reasons for divorce where neither the husband nor the wife blames the divorce on the other and accept equal responsibility for the end of the marriage. Some no-fault divorces begin with a separation where the couple lives separately for a period of time and then they decide to make that separation permanent. Fault-based divorces are less common and not available in all states, but common reasons for a fault based divorce include adultery, abuse, or addiction.
Generally speaking, it is a good idea to consult with a divorce attorney. Divorce can be stressful and emotional, even in a healthy divorce, and a divorce attorney will be able to look at the situation objectively and protect your rights, assets, and help you find the best outcome for you and your children. A divorce attorney is up to date in the laws concerning marriage, divorce, property division, custody, and support and can guide you through the complicated legal paperwork, assuring that nothing misses a deadline or slips through the cracks. One of the best ways to find an attorney is via referral from friends, colleagues, or family members. You may want to meet with several attorneys until you find one who is a good fit for your case.
In a healthy divorce, spouses will be free to divide their property as they see fit with a “Separation Agreement” or a “Consent Judgment Entry of Divorce”. This contract divides all assets and debts and resolves all the other issues in the divorce. Most states, including Ohio, use “equitable distribution” as a guide, dividing the property in a way that is fair to both parties. That may not mean that the division is 50/50, but that all the relevant factors will be considered, including individually owned property, each spouse’s earning, duration of the marriage, and more. Often, even if the divorce is acrimonious to start, attorneys can settle the asset and property division outside of court, without the need to involve a judge to make the final decisions.
If the child custody agreement cannot be agreed on outside of the courtroom, a judge will make the decision based on the best interests of the child or children. This usually involves many factors. A Shared Parenting Agreement can mean joint legal custody, where both parents share major decisions affecting the child, such as school and healthcare, and joint physical custody, where the child will spend time with each parent. Most child custody agreements include both legal custody and physical custody. The child custody agreement will also include child support. There are many factors that go into determining the support amount. Usually the parent with the higher income will pay support if joint custody is shared equally, but time spent with each parent, earning potential, needs of the child, and other factors all go into determining the amount.
Divorce, property division, and child custody agreements can all be overwhelming, and beginning the process with an experienced attorney can help you determine the right steps to take to ensure the best possible outcome. Even if you are able to handle your divorce outside of the courtroom, an attorney who understands the process is the best step toward a healthy divorce. If you’re going through a divorce or thinking about filing for divorce, and you have questions, please contact my office today.