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Columbus Legal Blog

I'm getting a divorce. Will I have to go to court?

The decision to move forward with a divorce is not an easy choice. If you are facing the likelihood that your marriage is over, you may be dreading the prospect of going to court, allowing multiple people to hear your private business and fighting over various issues. Fortunately, there could be a better way.

Not every Ohio couple needs to go to court to settle their divorce. In some cases, an uncontested divorce is a possibility. An uncontested divorce simply means that you and your spouse are in agreement on all major divorce issues. This eliminates the need to go to court, and it could make the process of ending your marriage easier for all parties.

Items to include in your prenuptial agreement

Planning a wedding in Franklin? It is one of the most exciting times in life. Whether it's your first, second or subsequent marriage, you should always protect yourself with a prenuptial agreement. Many people tend to think that prenuptial agreements are only for those who have tons of assets, high-paying jobs or millions in savings. That is not the case. A prenuptial agreement works for anyone getting married.

If you are getting married again and have children from a prior relationship, it's best to include a clause in the prenuptial agreement that protects your children. The clause should deal with your children inheriting some of your money upon your death so that your new spouse does not get all of it.

Stay organized if alimony is awarded

There are so many issues involved in a divorce. If you have children, custody and support payments will be central to divorce talks. If a bevy of assets are involved in your marriage, then property division will play a huge role. And if there is a potential financial disparity between the spouses in the wake of a divorce, then alimony -- also called spousal support -- could be awarded.

It is important to realize that alimony is not guaranteed in any given divorce. There are complex factors that have to be taken into account by a judge before he or she determines that spousal support should be awarded. The length of the marriage, the financial potential of the two spouses, and health of the spouses all factor greatly into this decision.

Is your spouse hiding assets during the divorce?

When it comes to property division during the divorce process, it's important to know that the hiding of assets can and does happen.

Is there money missing from your savings account? Did your spouse's bonus pay suddenly not go through? Your spouse might be hiding assets.

What should I expect from the mediation process?

Ohio couples facing divorce know that the process of ending a marriage can be complex and difficult. Even though there may not be such a thing as an easy divorce, it is possible to make the process a bit easier. By avoiding litigation and choosing another path, such as mediation, you may be able to eliminate some of the complication associated with the divorce process.

Mediation is not the best choice in every situation, but it can offer certain benefits. Before you make an important decision regarding your divorce, you would be wise to learn more about this process, including what you can expect if you and your spouse choose this option.

Emotions can derail your divorce

While you may know people who have had numerous divorces, in reality, most people who go through this ordeal do it once in their lives. If you are facing a divorce for the first time, you may be unsure of what to expect and how to behave. In all likelihood, you are feeling many emotions that may change rapidly, and this is just the time when you may need to think rationally and calmly.

To you, the divorce may be all about your spouse's misbehavior, but since Ohio is a no-fault divorce state, the court is not concerned with those details unless they affect you financially. Undoubtedly, the breakup of your marriage is painful and confusing, but the divorce itself is mostly about a fair division of your assets.

Collaborative divorce, a cheaper alternative?

You have decided to make the break with your partner, and you are pursuing your options for divorce. You understand that the only constant in life is change, and you are ready to make this big one. It's not that you hate your partner; it's just not working out.

This attitude is a good one to have when it comes to ending a marriage. If two individuals can keep the long-term in mind, they don't have to stress too much about the short-term difficulties that are happening right now. One potential option for individuals who are looking for a way to work together with their ex is collaborative divorce. One huge benefit of collaborative divorce is that, in general, it is less costly than other types of divorce.

Why do many couples wait until after the holidays to divorce?

You may already know that attorneys consider January through March "divorce season" here in Ohio and across the country, and the research tends to back up that belief. You may see that waiting until after the end of the year provides certain financial advantages, but as you contemplate the end of your marriage, you may wonder what other reasons compel couples to wait until after the holiday season.

For you, the thought of spending the next couple of months putting on a happy face when you are miserable inside does not seem like a good idea. However, if you have children and otherwise spend a significant portion of your holidays with extended family, you may want to do just that.

Shared parenting vs. sole custody: decide which works for you

During divorce, your mind may be swimming with all sorts of questions and concerns about matters such as property division and spousal support. However, one of the biggest areas of contention during a marital split-up is child custody.

Oftentimes, conflict over child custody and visitation is the result of one party's or both parties' lack of understanding of these legal terms and the ways in which they impact parental responsibilities and rights. Two kinds of child custody that are important to consider in the state of Ohio are shared parenting and sole custody.

Dissolution may make for an easier divorce process

Divorce is often portrayed on television as an acrimonious process, with two spouses dragging out a battle over who gets to keep the house or the children. The reality is that not everyone contests a marital split-up, with both parties at odds about how to handle their related matters.

In Ohio, you can save stress, time and money by choosing a process known as marriage dissolution, which is an alternative to your traditional contested divorce process. Marital dissolution may make ending your marriage a much easier ordeal for everyone involved, including the children. In fact, those who have young children may especially find it helpful because they learn early on how to find common ground and work together when they have disagreements -- something they will have to do as co-parents after the finalization of their divorce.

400 South Fifth Street Suite 101 Columbus, OH 43215 Toll Free: 888-609-8912 Phone: 614-556-4231 Fax: 614-464-2035 Columbus Law Office Map

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