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State laws may impact Ohio couples seeking divorce

On Behalf of | May 25, 2016 | Divorce

Ending a marriage is never an easy situation, regardless if the separation is amicable or not. Most endeavor to find and marry their true love, but many times “real” life can get in the way and cause partners to consider divorce. Most believe that divorce laws are constant throughout the country, but many Ohio readers may be interested in the fact that laws can vary widely based upon the state in which a divorce is filed.

In a recent Forbes article, the author describes how much divorce laws can differ depending on the state. One of the first things that a court needs to determine is residency. While many states just consider the amount of time a person filing for divorce has lived in the state, Ohio requires a claimant to resident in the state for six months, and also to file the claim in the county in which he or she resides. Subsequently, the Court of Common Pleas will hear the case and verify that all facts presented are correct.

After determining residency, couples may need to understand how assets are divided, and what one can expect with regard to spousal support. Ohio is considered an “equitable distribution” state. This means that in the event that a couple is not able to agree upon the division of assets, the court will consider many factors in order to come to a decision on how assets will be distributed. The emphasis is intended to be on fairness.

Regardless of the state. divorce proceedings can quickly become complicated. People in Ohio who are faced with divorce could find benefit from discussing their unique case with an attorney who has experience in divorce law. An attorney who focuses in this area may be the best resource when discussing the various legal channels available that comply with specific state laws.

Source: Forbes, “50 Ways to End Your Marriage: Divorce Laws Vary Widely From State To State“, Jeff Landers, May 24, 2016

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