Ohio Divorce

An Ohio divorce is usually a contested proceeding that takes between six to eighteen months to finish.  If the divorce has fewer or simpler issues, it may finish on the shorter end.  If the divorce has complex issues, it may finish on the longer end.  This article looks at the issues that can come up in an Ohio divorce.

Ohio Child Custody

In Ohio Child custody is one of the biggest issues that come up in Ohio divorces.  The right to spend time with one’s children often takes center stage in divorces.  Next in line is the right to make decisions regarding one’s children.  The time spent with one’s children is called parenting time.  In the past, one parent got every other weekend, a midweek visit, and more time during breaks and holidays.  Now, courts tend to grant equal time to each parent unless there are reasons not to do so.  Decision-making usually ranges between one parent having legal custody to both parents having shared parenting  Shared parenting means shared decision making.  Courts tend to grant shared parenting unless the parents cannot work well together to decide issues for their children.

Ohio Child Support

In Ohio child support starts with the child support worksheet, which is mandated by Ohio law, including in an Ohio divorce case.  The worksheet considers factors such as base income, average overtime, average bonuses, unemployment income, potential income, health insurance costs, daycare costs, and time spent with the children.

Ohio Spousal Support

In Ohio spousal support is often awarded where the parents have different incomes and have been married at least three years.  While some courts may award spousal support for shorter marriages, many will not.  Generally, Ohio divorce courts award one year of spousal support for every three years of marriage.  Some courts will equalize the parties’ incomes through spousal support, while others will award a reasonable sum which is usually less than equalization. 

Dividing Property In Ohio Divorces

Property refers to real property (real estate) and personal property.  The real property, usually the marital home, will either be sold or one party will buy the other party’s share.  Personal property generally consists of bank accounts, retirement accounts, investments, vehicles, collectibles, household goods and personal effects.  Ohio divorce courts equitably divide property.  While this can be an equal division, it is not always equal.  If one party has separate property, that party will get more than an equal share in a divorce.  Separate property usually consists of things owned prior to the marriage or things received as gifts.

Dividing Businesses in Ohio Divorces

If a business was created or improved during the marriage, that business may have a value that is subject to being divided.  Usually, the person running the business keeps the business and pays a sum to the other party.  Often times, this requires a business valuation, which looks at the assets, earnings, and good will of the business to come up with its value. 

Attorney Daniel Gigiano.  Aggressive.  Knowledgeable.  Experienced.

Attorney Daniel Gigiano has practiced Ohio divorce law since 2000.  During that time, he has spent most of his divorce practice in the domestic relations divisions of Medina County, Wayne County and Summit County.  He has had extensive experience with all the issues mentioned in this article.  For these important and often complex issues, it is important you have a Medina County divorce attorney, Summit County divorce attorney or a Wayne County divorce attorney with the experience and knowledge to properly approach these issues.  Attorney Daniel Gigiano’s office is located in downtown Wadsworth, Medina County, Ohio, and he can be reached at 330-336-3330.