More than 50% of marriages end in divorce. There may be a stigma attached to the end of your marriage, but we see it as an opportunity to reclaim your life and move forward. When you are ready to leave your marriage, several details may need to be ironed out before you finalize your divorce.
Ensure you have our reputable Troy, Ohio, divorce attorneys at Dungan & LeFevre by your side to protect your interests.
Call us at 937-770-6225 or fill out our online contact form to schedule your initial consultation today.
Ending Your Marriage in Troy Ohio
In Ohio, you have a few options to end your marriage. There’s dissolution, where both spouses agree to terminate the marriage and agree on all post-divorce matters.
There are also formal divorce proceedings.
Dissolution of Marriage
The dissolution of marriage is a type of uncontested divorce. This means you and your soon-to-be ex-spouse have agreed to all the terms of your divorce settlement, including the division of your marital property and assets, child custody and support, and spousal support.
Under Ohio Revised Code Section 3105.63, you must file a petition for a separation agreement with the court that will be included with your final divorce decree.
Your separation agreement must consist of each of the following to be accepted by the Ohio family courts:
- Whether spousal support will be paid
- How much spousal support will be paid
- Your child custody and visitation plans
- Determining who is the residential parent of minor children
- Determining who is the legal custodian of minor children
- Whether child support will be paid and how much
Grounds for Divorce
According to Ohio Revised Code Section 3105.01, you must meet specific grounds for divorce to move forward. Several available grounds could apply, such as:
- Gross neglect of marital duty
- Bigamy or polygamy
- Physical or emotional cruelty
- Fraudulent contract
- Habitual drunkenness
- Spousal incompatibility
- Spouses have been living separately without cohabitation for at least one year
- One spouse’s imprisonment
What Are the Ohio Residency Requirements When Filing for Divorce?
Before filing for divorce, you must meet the state’s residency requirements under Ohio Revised Code Section 3105.03. The spouse filing for divorce must be an Ohio resident for at least six months before filing the divorce complaint.
These residency requirements help protect one spouse when the other is attempting to file in another area, which may make it more challenging to participate in, respond to, or afford the divorce.
What Will It Cost to Get Divorced in Troy, Ohio?
The amount it will cost you to get a divorce in Troy, Ohio, can vary widely depending on whether you are going through a divorce or dissolution of marriage. It would be best if you also were prepared to pay court filing fees of between $300 and $400.
Fees could increase if your divorce involves minor children. If you cannot afford to cover court costs, these fees can be waived if your income is at or below the federal poverty level, according to Ohio Revised Code Section 2323.311.
Points of Contention to Settle In Divorce
Divorce is often messy. It can take months or years to work through the terms of a divorce settlement in some of the most contentious divorces. You should turn to an Ohio family law attorney to streamline the process.
They can help you with:
Distribution of Assets and Debts
One of the most significant issues spouses argue about is the distribution of their assets and debts. Ohio has equitable distribution laws, meaning marital assets should be distributed fairly between spouses.
While the default rule is an equal distribution, this does not necessarily mean that assets and debts will be distributed equally, but rather based on the case’s specific circumstances.
Some factors that will be considered when dividing marital property and assets equitably include:
- Whether one spouse contributed to the career or financial success of the other
- How long was the couple married
- Whether the couple shares minor children
- The liquidity of the assets and property
- Potential tax consequences
- Whether a separation agreement exists
- Your child custody plans
- The assets and liabilities of both spouses
Which Property is Considered Marital?
Before the division of your assets and property can be determined, it is crucial to consider which items are marital and non-marital.
In Ohio, any property acquired by either spouse for the duration of the marriage is considered marital property. However, anything brought into the marriage that was meant to remain the property of one spouse can be regarded as non-marital.
A divorce attorney can help you protect your assets.
Spousal support is not automatically awarded in all Ohio divorces. Spousal support may only be awarded if one spouse cannot continue maintaining the same standard of living as before the divorce.
A judge will consider several factors when determining whether spousal support should be awarded and paid include the following:
- Both spouses’ standard of living while married
- Both spouses’ existing retirement benefits
- Both spouses’ income
- Both spouses’ expenses
- How long was the couple married
- Both spouses’ physical and mental health
- Both spouses’ earning capacity
- Both spouses’ education and job training
- The child custody agreement
- Whether one spouse contributed to the financial or career success of the other
- Potential tax consequences
In Ohio, parents have parental rights and responsibilities.
Spouses can work together to determine their parenting plan and visitation schedule and set up a shared parenting schedule. However, if one parent believes the other poses a threat or risk to their minor child, sole custody or visitation could be awarded.
Ohio courts also have the authority to order parenting classes, counseling sessions, and other requirements under Ohio Revised Code Section 3109.053 before an order of parental rights and responsibilities as determined.
Both parents have a financial obligation to their children, regardless of child custody or visitation plans. Generally, the parent with visitation rights will pay child support to the residential parent.
Some factors considered when determining whether child support should be paid and how much include:
- Whether the child has special needs
- Whether either parent is paying for the child’s extracurricular activities
- Whether either parent is responsible for paying for clothing, health insurance, or other necessary items
- Whether the child is working and earning a living
- The standard of living the child would have had if the marriage had not ended
- Whether one parent must pay necessary work expenses
Generally, child support is set at a minimum of $80 per month. However, this amount could be increased considerably or decreased to nothing based on the specific details of the divorce and what is in the children’s best interests.
How to Settle the Terms of Your Divorce in Troy Ohio
Attending mediation is one of the top ways to work through the terms of your divorce settlement. Mediation may be your best opportunity to avoid having these decisions taken away from you.
When a mediator hears your case, the mediator will offer helpful suggestions and recommendations for resolving your disputes. Agreements reached through mediation need to be finalized by the judge to be valid.
Let a Family Court Judge Decide
If you cannot work through the terms of your divorce in mediation, you may need to go to trial, where a family court judge will hear both parties’ cases and make decisions regarding your specific points of contention.
Once the judge determines your child’s custody, spousal support, or property division plans, they can sign a “decree of divorce” or “decree of dissolution of marriage.”
Contact a Troy, Ohio Divorce Attorney for Help Today
Divorce can be one of the most challenging times of your life. With our compassionate and experienced Troy, Ohio, divorce lawyers at Dungan & LeFevre working for you, you’ll have access to the legal support you need to make it through this challenging experience. Start working towards your divorce settlement today.
Schedule your no-obligation consultation and determine what is next for your divorce proceedings. You can reach us through our online contact form or by phone at 937-770-6225 to start taking back control of your life.