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Westerville, Family Law Blog

How property is divided in Ohio, an equitable distribution state

Like many states in the country, Ohio recognizes equitable distribution when it comes to dividing up marital property in a divorce. States using this approach to asset division assume that both spouses equally contributed to acquiring or producing the shared property.

One of the first steps in dividing up property using this approach is for a judge to make a determination as to which assets belong to one spouse and then also to the couple. It's only once a proper accounting of all assets has been made that a judge can equitably divide all shared property among the spouses.

Reasons that Ohio child support modifications may be warranted

Parents in Ohio are eligible to request a modification of child support every 36 months provided that one or both parents have undergone a significant change in circumstances in their lives. These requests must be accompanied by evidence that sheds light on why the requests are being made.

When it comes to child support, the person paying the support is referred to as the obligor and the person receiving it is the obligee.

How can a prenuptial agreement protect you?

A marriage is the joining together of two separate lives. When you marry your partner, you begin to share financial assets during the marriage. The marital property that accumulates during marriage belongs to both parties, and if those parties should separate, each person has a claim to a portion of the marital assets.

Ohio state law guides the division of property after divorce; however, there are many situations where you might want to strongly consider the potential benefits of a prenup. A prenuptial agreement can help you protect your material wealth and your rights.

What factors does a judge consider when awarding custody in Ohio?

If you are battling your ex over custody of your kids, then you may wonder what factors a judge considers when making such determinations. It's important to know that a judge doesn't just take into account a single factor, but instead, a combination of several different factors. While factors taken into account vary by judge or jurisdiction, they will likely consider how many kids each parent has as well as what their genders and ages are. How likely a child is to adjust to whatever arrangements are made will also impact the decision a judge makes.

A judge asks about the number of kids each parent has to ensure that you're prepared to offer your child unique, comfortable accommodations as opposed to shared ones. He or she takes into account the child and parent's gender because it's important to the court that each child has privacy to change clothes and use the restroom privately.

Grounds on which you can request a divorce in Ohio

In Ohio, couples have two choices for legally ending their marriage. They can pursue either a dissolution or divorce. Unless a couple has been living apart from one another for an entire year at the time of their filing, then at least one of the spouses must claim that their ex is "at fault" for the demise of the marriage.

Spouses hoping to get divorced in Ohio can't simply cite just any reason for wishing to get a divorce. Instead, they must select a legally acceptable one, as stated in Title 31: Domestic Relations of the Ohio Revised Code of 1994.

How do I qualify for a dissolution of my marriage in Ohio?

In Ohio, there are three options for ending a marriage. Couples can either choose divorce, dissolution or annulment. While the first two options are relatively common, the third is considered rare.

One of the primary benefits of seeking a dissolution of your marriage in Ohio is because it allows the two of you to walk away from it without publicly stating the reasons you decided to do so.

How child custody is determined for unmarried couples in Ohio

Giving birth to a child is a life changing experience. When it happens to married and unmarried couples, legal differences arise in regards to how custody is determined. It is helpful to understand these differences when you encounter a struggle between who should have the child the majority of the time, who is responsible for making important decisions and much more.

Unmarried parents commonly seek to know what the law says about delegating responsibility of the child after disagreements arise. Knowing what state laws mandate for the rights of each parent is vital.

Are you interested in learning more about adoption?

Are you ready to expand your family and welcome another person into your life and your home? For many in Ohio, adoption is a good method to add another person, usually a child, into the family to experience the joys of parenting when natural childbirth isn't preferred or isn't an option. When you, possibly along with a partner, make that decision to grow the family, the enrichment that it brings to your life can be incredibly rewarding.

The legal process of adoption can come with many challenges and complexities. The process and the laws surrounding adoption vary by state and by country. You may be ready to make the commitment to grow your family, but you could face some obstacles during this process. That's when outside help can be useful.

What custody rights do grandparents have in Ohio?

There are many reasons grandparents may be seeking custody rights to their grandchild. There may be a pending or finalized divorce between the parents, the parent who was their child is deceased or there is a child born out of wedlock with whom they wish to have a relationship and for whom custody is being established.

If grandparents are being denied time with a grandchild, they may want to pursue action. It’s important to understand when grandparents do have custody and visitation rights to their grandchild, and when they don’t.

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Brian S. Piper Co., LPA

Brian S. Piper Co., LPA
555 West Schrock Road Suite E
Westerville, OH 43081

Phone: 614-426-8704
Fax: 614-895-5650
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