Divorce Without Children
Giulitto Law Office has attorneys who regularly handle divorce without children proceedings in Portage County, Ohio and surrounding areas. Contact us today is you are facing a divorce without children.
A divorce without children may seem like a simpler process because custody is not an issue. This is true to some extent but divorces without children can be fairly complex. The divorce proceeding anticipates the trial of all relevant matters to a judge or magistrate. In a contested divorce, the court will make all the unresolved decisions relating to the property and debt, spousal support and any other relevant issues such as attorneys’ fees, court costs, tax exemptions, and the like. Divorce proceedings are similar to civil trials with certain exceptions. Filing a divorce does not necessarily mean that the case will go to trial. Parties frequently settle the case prior to trial and the divorce ends with an agreement as opposed to a contested trial. Other cases will resolve most issues and only certain issues are decided by the court.
The action is started by filing the complaint. Frequently, the complaint is accompanied with motions for temporary orders, which govern spousal and child support and allocates parental rights (custody) during the divorce process. Restraining orders are also available at the start of a divorce to prevent a party from harassing the other party or creating financial catastrophes for the other spouse. In addition the court can order one spouse an allowance to stay in the marital home during the divorce process.
The divorce process without children involved typically covers the following main issues:
Division of Marital Property. The first issue is the division of the marital assets and marital debts. If the parties cannot agree on the division of marital assets and marital debts, the court will divide them in accordance with Ohio law. Ohio law defines what marital property and separate property is and how it is to be divided during a divorce action. Marital property is typically property that was acquired during the marriage. Separate property is also defined by Ohio law. Sometimes, there is a dispute as to what constitutes marital property and separate property. The distinction is important because the court will divide the marital property in a manner that is equitable- usually this means it is divided equally but that does not happen in all cases. The court then will disburse each spouse’s separate property to that spouse. However, the court can make a “distributive award” to the other spouse from separate property in certain circumstances. The division of marital property can be a complex process and a skilled attorney can help ensure that the division is in your best interest.
Spousal Support. The second issue that frequently arises is spousal support. Unlike child support, spousal support does not have a worksheet to determine the amount. The court will consider a variety of a factors listed by Ohio law to determine the amount of spousal support. This is not an exact science and is a frequently litigated issue. Again, an attorney is invaluable in helping you through the process.
As you can see, a family separation is a pretty complex process that a qualified attorney can help guide you through. If you are facing a family separation, contact our office today to receive a FREE CONSULTATION.
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