Divorce Lawyers in Columbus, Ohio

Divorce is a complicated legal process that affects not only the parties involved but also their families, finances, and future. Understanding divorce law in Columbus and central Ohio is crucial for anyone considering or facing a divorce in the area. Contact Ohio divorce lawyers at Hecker & Moreland Co. LPA to receive legal guidance tailored to your specific situation.

Grounds for Divorce in Ohio

No-Fault Divorce

Most divorces in Ohio are filed on no-fault grounds. The primary basis for a no-fault divorce is "incompatibility," meaning that the couple can't get along, and this is affecting their marriage. A no-fault divorce can also be filed if the spouses have lived apart for at least one year.

Fault Divorce

Fault-based grounds for divorce include:

1. Adultery: One spouse engages in a sexual relationship outside the marriage.

2. Extreme Cruelty: This can include physical, emotional, or psychological abuse.

3. Desertion: One spouse abandons the other for a specific period (usually at least one year).

4. Habitual Drunkenness: If one spouse has a pattern of substance abuse.

5. Imprisonment: If one spouse is convicted of a felony and imprisoned for more than one year.

6. Infectious Disease: If one spouse is diagnosed with a sexually transmitted disease after marriage.

While fault grounds can influence certain aspects of divorce proceedings, most couples choose the no-fault option for its simplicity and reduced conflict.

The Divorce Process in Ohio

Filing for Divorce

To initiate the divorce process in Ohio, one spouse must file a complaint for divorce in the appropriate county court. The filing spouse is referred to as the "plaintiff," while the other spouse is the "defendant." The plaintiff must meet Ohio's residency requirement, which states that at least one spouse must have lived in Ohio for six months before filing.

Serving Divorce Papers

Once the complaint is filed, the defendant must be served with divorce papers. This can be done through various methods, including personal service, certified mail, or, in some cases, publication. The defendant has 28 days to respond to the complaint.

Response and Counterclaim

If the defendant agrees with the terms of the divorce, they may file an answer. If they disagree or have claims of their own, they can file a counterclaim, which becomes part of the divorce proceedings.

Discovery Process

The discovery process allows both parties to gather information and evidence relevant to the case. This can include financial documents, property valuations, and other pertinent information. Discovery can take time, but it's essential for equitable settlements.

Negotiation and Mediation

Before the court hears the case, couples are encouraged to attempt negotiation and mediation to resolve their issues amicably. Mediation involves a neutral third party who helps the couple discuss and negotiate terms related to property division, child custody, and support.

Court Hearing

If the couple can't reach an agreement, the case will proceed to court. Both parties present evidence and arguments. The judge will make decisions based on Ohio law and the best interests of any children involved.

Final Judgment

Once the court has made its decisions, a final judgment entry is issued, officially terminating the marriage and detailing the terms of the divorce, including property division, child custody, and support obligations.

Property Division in Ohio

Ohio follows the principle of equitable distribution when dividing marital property. This means that property is divided fairly, but not necessarily equally.

Marital vs. Separate Property

Understanding the difference between marital and separate property is crucial in divorce proceedings:

• Marital Property: Any property acquired during the marriage, regardless of whose name is on the title, is considered marital property. This includes real estate, vehicles, bank accounts, and retirement funds.

• Separate Property: Property acquired before the marriage or received as a gift or inheritance during the marriage is considered separate property. However, if separate property is commingled with marital property, it may lose its separate status.

Factors Affecting Property Division

Several factors influence how property is divided, including:

1. Duration of the Marriage: Longer marriages may result in a more equal division of assets.

2. Financial Contributions: The contributions of each spouse, both financially and non-financially (e.g., homemaking), are considered.

3. Earning Potential: The income and earning potential of both spouses.

4. Custody of Children: If one spouse is granted primary custody, they may receive more property or financial support to maintain stability for the children.

5. Debt Responsibility: Both parties may also be responsible for debts incurred during the marriage.

Marital Debt

In addition to dividing assets, the court will also allocate marital debts. Debts incurred during the marriage are typically considered joint debts, and both spouses may be responsible for repaying them.

Child Custody and Support

When children are involved in a divorce, custody and support become crucial issues. Ohio courts prioritize the best interests of the child when making custody determinations.

Types of Custody

Legal custody refers to the right to make important decisions about the child's upbringing, including education, healthcare, and religion. Parents can share legal custody (joint legal custody) or one parent can have sole legal custody.

Physical custody refers to where the child lives. Similar to legal custody, physical custody can be joint or sole.

Factors in Custody Determinations

When determining custody, Ohio courts consider several factors, including:

• The wishes of the parents.

• The wishes of the child, depending on their age and maturity.

• The child's relationship with each parent and siblings.

• The child’s adjustment to home, school, and community.

• The mental and physical health of all parties involved.

Child Support

Ohio uses a formula to calculate child support based on the income of both parents and the needs of the child. The court considers factors such as:

• The number of children.

• The income of each parent.

• The expenses related to childcare and healthcare.

• Any special needs the child may have.

Child support payments are typically deducted from the non-custodial parent’s paycheck and are designed to cover basic living expenses, education, and healthcare costs.

Spousal Support

Also known as alimony, spousal support may be awarded to one spouse to help them maintain a reasonable standard of living after divorce. Factors considered in determining spousal support include:

• The duration of the marriage.

• The financial resources of both spouses.

• The earning capacities and income of both spouses.

• The age and health of both parties.

• The contribution of one spouse to the other’s education or earning capacity.

Spousal support can be temporary, rehabilitative (for a limited time to allow the receiving spouse to gain skills or education), or permanent, depending on the circumstances.

Modification and Enforcement

Once a divorce decree is issued, it can be modified under certain circumstances. For example, if one party’s financial situation changes significantly, they may seek a modification of child support or spousal support. In addition, if one party fails to comply with the terms of the divorce decree, the other party can seek enforcement through the court. This may include enforcing child support payments, custody arrangements, or property division.