There are many things that will need to be decided in a divorce, even if you have a healthy divorce. You may think that if you and your spouse are in agreement, things will go quickly, but there are still things that will need to be decided by the court.
The most common reason for divorce is incompatibility or irreconcilable differences, although the actual wording for these grounds may vary. Although most couples do file for a “no-fault” divorce, since they are quicker and easier, every couple filing for divorce will need to have grounds, and these are the most common of the no-fault grounds. It’s important to note that if you file a fault-based divorce, you will have to prove fault in court, which can take time and additional expenses. If you are filing for an uncontested, no-fault, healthy divorce based on these grounds, you will still need a divorce attorney to help you through the things that need to be decided.
There are two factors to consider in custody: parenting time and legal custody. Parenting time is the schedule when the children spend time with each parent, and legal custody is who has the right to make decisions about their upbringing. Parents can share joint custody (called Shared Parenting in Ohio) or have solo custody of a child. Courts generally prefer to award Shared Parenting to guarantee the children will have a relationship with both parents. This does not necessarily mean a 50/50 parenting time split. If the parents cannot come to an agreement, the judge may impose a schedule. In many cases, children will alternate weekends or weeks between the parents, and alternate holidays. There are several factors that will be considered, such as how far the parents live from one another, if the parents can be in touch on a regular basis, and how high-conflict the divorce has been. In some cases, one parent may be awarded sole physical custody with the other parent receiving visitation rights. Parents must abide by the court ordered agreement and any future changes will have to be approved.
Child support is often determined after the custody decision, as a parent with sole physical or legal custody will likely receive child support from the non-custodial parent. Even with joint custody arrangements, one parent may receive child support in certain circumstances. Child expenses, the income of the parents, and the child’s standard of living before the divorce are all taken into account.
Before the division of debt and property, the court will determine which debts and assets are marital property and which are separate property. The judge will then divide all marital property and marital debt equitably (although not necessarily evenly) to make the division fair to both spouses. This doesn’t always mean a physical division of each asset, but a percentage of the total value of the assets or debt. It is important to make sure all assets and debt are included, as it is illegal to hide assets to shield them from division.
Spousal support is sometimes referred to as alimony. It is court-appointed payments made from one ex-spouse to the other. Judges will award alimony to try and equalize the resources of a divorcing couple. If the spouses have unequal earning power and have been married a long time, the judge will take this into consideration.
It is certainly possible, as well as preferable, to have a healthy divorce. Yes, you and your spouse are separating for a reason, but in many cases, both parties are simply ready to move on and put the conflict behind them. These divorces are often able to move more quickly through the process and are less expensive.
A divorce attorney can guide you through your divorce and ensure that you make decisions based on your best interests during the divorce process. Your attorney will make sure that your spouse is not taking advantage of you. In a more contentious divorce, your attorney will be able to remain unemotional through the negotiations, which can take some of the stress off of you.
There are many things to untangle during a divorce, but getting through the negotiations quickly will allow you to move on with your life. Lean on your divorce attorney for a healthy divorce and for guidance throughout the process. An experienced divorce attorney has been through the divorce process many times, and can be invaluable to you through yours. If you’re in need of divorce attorney, contact my office today.