How will things like child custody
and property distribution be decided?
One of the biggest issues that can complicate divorce proceedings is deciding how to care for the children and any property shared between both spouses. When children are involved, the courts will first want to establish custody to ensure that the safety and needs of the children are properly addressed. Once all custody issues have been taken care of, the courts will move on to property division and distribution
Like many other states, Ohio courts will always attempt to allow both parents to have frequent and continuing contact with the children. If possible, the judge may want to support a joint custody agreement so that the children have the opportunity to maintain a healthy relationship with both parents. When it comes to determining which parent will receive full custody of any children involved, they will consider a number of factors that all center around what is in the child’s best interest. This is why it's important to have an experienced family law and divorce attorney working with you to ensure that you can retain parental rights and have the opportunity to see your children after the divorce is finalized.
Ohio is considered an equitable division state, which means that the court will attempt to distribute marital debt and property in an equitable or “fair” manner. This also means that each spouse has the right to manage any property that's in his or her name alone. Simply having your name on any property will not be the sole deciding factor when it comes to distributing that property. Most property held during a marriage is considered “Marital Property” and each party will need to prove to the court that a certain asset should be considered as “separate property.” Again, this is why it's important to work with an experienced divorce attorney so that you can have every chance at retaining your property, and ensuring that things are divided as fairly as possible.
If you or someone you know is going through a difficult divorce, don't face this process alone. Call the divorce experts Heckert & Moreland Co., LPA, and find out how we have helped countless other clients just like you through the divorce process.