Divorce law is a complicated process to navigate because it depends on the policies of each state, as well as the specifics of the situation. If you’re a resident of Ohio who’s filing for divorce, you may have several questions about the process. Below are answers to some of the most frequent to help you determine how to proceed.

FAQ About Divorce Law in Ohio

What is divorce?

It’s a legal process that ends a marriage. To start, one party will file a complaint with the clerk of the court. This must include the reasons for divorce and evidence to back them up. The clerk then serves the other party with a copy of the complaint and a summons to appear in court. Once the judge hears each statement and reviews the facts, they’ll make a final decision.

How are assets divided?

The state of Ohio requires that both parties divide all marital assets equally. This includes everything that they earned or gained as a couple, such as income, property, and vehicles. After estimating the total value, the court will ensure each person receives a fair share, whether it means selling the assets or having one spouse pay the other for their half of the property. An individual can keep any items that they owned before the relationship.

What happens with children?

The court will base the decision upon what’s best for the children. If the opportunity to see both parents is beneficial, they’ll set up a joint custody agreement. The ability to provide physical and emotional support, as well as ensuring their education and maintaining a healthy atmosphere, are also significant deciding factors.

Should I work with an attorney?

It depends on your situation. If the divorce is amicable—meaning both parties agree—then an attorney can help divvy assets. However, attorneys are most useful when the spouses can’t come to terms. They know how to research the ownership of each asset, prove dissolution claims, and present evidence to approach the case in the best way.  

If you want to file for divorce, contact the Law Office of Lawrence W. Henke, III. For more than 30 years, this firm has been providing quality legal services to clients throughout the Dayton, OH, region. They’re proud members of the Ohio State Bar Association and the Dayton Bar Association, with licensing to practice divorce law and criminal law in the District Court for the Southern District of Ohio. Learn more about the services that they offer by visiting the website. Call (937) 461-9330 to set up a consultation.