Preparing for a Divorce in Ohio

Preparing for a Divorce in Ohio
November 28, 2017 Shannon Dawes
How to prepare for a divorce in Ohio

Preparing for a Divorce in Ohio

When you have come to the painful realization that your marriage needs to end, the process of divorce can seem extremely overwhelming. But if you do some basic preparation before filing, you will immediately set yourself on track for a smoother experience.

1. Understand Ohio’s Divorce Law 

One of the easiest and most helpful things you can do to prepare is gain an understanding of how your marital property will be divided if you go to court. The court overseeing your divorce will categorize your property into marital and nonmarital assets, and it will then divide only the marital property (generally items acquired during the marriage) between you and your spouse.

In order to arrive at the fairest division of your property, the court will analyze several aspects of your marriage, including: 

  1. The duration of the marriage;
  2. The assets of the spouses;
  3. The desirability of awarding the family home, or the right to reside in the family home for reasonable periods of time, to the spouse with custody of the children of the marriage;
  4. The liquidity of the property to be distributed;
  5. The economic desirability of retaining intact an asset or an interest in an asset;
  6. The tax consequences of the property division upon the respective awards to be made to each spouse;
  7. The costs of sale, if it is necessary that an asset be sold to effectuate an equitable distribution;
  8. Any retirement benefits of the spouses, excluding the social security benefits of a spouse except as may be relevant for purposes of dividing a public pension.

2. Anticipate Your Emotions 

Especially if you have children, your divorce will undoubtedly be an emotional experience. You are ending a long-term relationship with your spouse while entering into an arrangement in which you cannot see your children every day.

Major property, like your home, retirement account, and savings account, is also being divided. Spouses can become angry when this property division begins, as they realize what they much part with. If you prepare yourself to handle these tough decisions, understanding it will be stressful, you will be more able to do the right thing when the time comes while keeping your emotions in check.

 3. Perform a Preliminary Accounting

One way to help you prepare for division of your property is to make a general list of the major assets you think might be marital and nonmarital. Try to remember and note when you bought or acquired the assets and how much they might be worth. Even though you will have professionals performing necessary property valuations, it will help you to begin recognizing which assets you might be able to keep and which you will definitely need to split with your spouse.

Contact Us If You Need An Experienced Columbus, Ohio Divorce Attorney 

If you are contemplating an Ohio divorce, you need a skilled lawyer who knows the legal system. Contact Attorney Shannon Dawes for a confidential consultation today by calling our Columbus office at (614) 733-9999.

Dawes Legal, LLC
169 E Livingston Ave
Columbus, OH 43215
(614) 733- 9999