Ohio Divorce Laws

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When a person wants to take a divorce from the partner, he or she has to go through a series of legal procedures that are often difficult to follow. To simplify the functioning of a divorce process, divorce laws have been created by the respective states. Divorce laws are a set of rules that are essential for a divorce case and completion of an appeal in legal terms. So, the divorce laws are of great importance. Ohio divorce laws are specifically devoted to the legal requirements in the state of Ohio. They explain the procedure of divorce and related issues like spousal maintenance and child custody.

Ohio Divorce Laws regarding Spousal support

The spousal support or alimony is the way to provide financial security to a partner who is going to be in relatively poor conditions after divorce. The spousal maintenance has a specific period and it turns nullified if the partner receiving it, marries again. The spousal support may be paid in installments or as a gross amount. While deciding the period, terms of payment, amount and nature of spousal support, the Court pays attention to the following facts :

• The period of marital life.
• The retirement benefits to the partners.
• The emotional, mental, physical state of the partners and their ages.
• The earning capacities of the partners.
• The income from all sources of both the partners.
• The contribution of both partners towards the earning capacity, training and education of the other partner.
• The total amount of liabilities and assets of the partners.
• The respective degree of education of the partners.
• The standard of living enjoyed while being married.
• Whether it is apt that the custodial parent of a minor should seek employment outside the house.
• Due to the marital responsibilities, has there been any loss in the income production ability of either partner or are there any kind of adjustments towards career made by a partner.
• Due to the award of spousal support, what are the effects on tax of either partner.
• What duration and expenditure is essential for the partner requesting alimony to attain enough training, job experience and education to be suitably employed.

Ohio Divorce Laws regarding Property Distribution

Property distribution can lead to a contested divorce if the partners fail to find a satisfactory solution to it. In the state of Ohio, the principle of "community property" is observed. That means, the property is to be disbursed equitably between partners. The Court observes equitable distribution of property after due consideration of the below mentioned factors:

• The liquidity of the property that is being distributed.
• The wish of one partner to award the family residence and the right to live in it for reasonable duration to the partner who is the custodian of the children from the marriage.
• The liabilities and assets of the partners.
• The time duration being married.
• Presence of a separation agreement that has been voluntarily accepted by the partners and which indicates the disbursement or division of property.
• If it is felt essential to sell an asset to have an equitable separation of property, then the costs of sale are to be considered.
• The effects of tax on the property division.
• The financial preference to maintain an asset or an interest on any asset intact.

Types of property listed below are classified as separate property and is not divided. They include:

• Gifts given to only one partner.
• Personal injury awards.
• Property excluded as per an ante-nuptial agreement.
• Property attained after legal separation
• Passive income or appreciation attained from a separate property while the partners were in a married state.
• Property owned prior to the marriage.
• Inherited property.

Child Support

The Ohio Child Support Guidelines are adhered to by the Court while determining the amount of child support. All such support payments have to be done by the parent. The payments are done in the department of job and family services in the office of child support. The Court does not take into account any marital misconduct while deciding child support. In each support order, the Court mentions that the parents must facilitate the health care needs of the child, till the Court is satisfied with the performance of the parents. Some other important factors that the court will take into account are:

• The educational and developmental requirements of the child.
• The financial resources of both partners.
• The age and health of the child.
• The other monitory responsibilities on the parents.
• The custodian of the child and the share of the property gained by the custodian to provide a respectable living to the child.

These are some of the aspects of Ohio divorce laws. It is necessary to remember that a thorough study of the laws is required before going through the process of divorce in Ohio.

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