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Fair Ways To Split Property in a Divorce

Tue, 14 Nov 2023 03:28:19 GMT

Going through a divorce is hard. Along with all the emotions, there's the challenge of dividing everything you've shared. How do you decide who gets what? If you're wondering about this, you're not alone. Look at some tips to help make the process of dividing property a little easier.

Know the Difference Between Shared vs. Personal Property

First things first, know which items are considered shared and which are personal:

Shared Property : This is stuff you got while you were married. It can be things like a house, cars, or even smaller things like furniture.
Personal Property : These are items that belonged to one person before the marriage or were given as gifts.

Understanding what's shared and what's personal can make the division process clearer. But remember, the rules can be different in some places, so always check.

Make a List and Talk It Out

Starting with a list can make things easier:

Write Everything Down : Make a list of all the shared property. This way, you both know what needs to be divided.
Discuss and Decide : Sit down and talk about who should get what. It might be hard, but try to stay calm and listen to each other.

Having a clear list and a calm conversation can help both of you see what's important to the other person.

Think About the Kids

If you have kids, they should be a big part of the decision:

Their Home : Think about where they'll live most of the time. This might help decide who gets the house.
Their Stuff : Things like toys or their favorite bed should stay where they feel most comfortable.

Remember, this time is tough on them too. Try to make decisions that are best for them.

Consider Selling and Sharing the Money

Sometimes, it's just too hard to decide who gets certain things:

Sell Big Items : If neither of you can agree on who gets the house or car, think about selling them. Then, you can split the money.
Divide the Cash : Once everything is sold, divide the money in a way that seems fair to both of you.

This way, both of you get something and can use the money to start fresh.

Think With Your Head, Not Just Your Heart

Divorce can be emotional, but when dividing property, it's crucial to stay objective:

Evaluate Real Worth : While certain items might have sentimental value, consider their actual worth. Sometimes, letting go of smaller things can ensure you secure assets of greater value.
Stay Practical : Think about your future needs. Will that second car really be practical, or are you clinging to it because of memories?

By taking a step back and viewing assets from a practical standpoint, you can make decisions that benefit your future rather than being held back by the past.

Plan for the Future

While it's easy to get caught up in the present moment, consider the long-term implications of your decisions:

Assets With Growing Value : Some properties, like land or investments, might increase in value over time. Think about their potential worth in the future, not just what they're worth now.
Upcoming Expenses : If you're taking an asset that requires maintenance, like a house or a car, are you ready for the related costs?

By considering the future, you ensure that the assets you're fighting for today don't become burdens tomorrow.

Get Some Help If Needed

Dividing property can be tricky. If you're stuck, get some help:

Mediators : These people are trained to help couples decide how to divide their things.
Lawyers : If things get tough, you might need a lawyer to help make sure everything is divided fairly.

There's no shame in asking for help. Sometimes, a third person can see things more clearly.

Divorce is tough, and dividing property is just one part of it. But with patience, understanding, and a little help, you can get through it. If you're going through a divorce and need help with dividing property, reach out to Peterson & Peterson, LLC . We're here to support you and make the process easier.

4 Key Points About Divorce in Ohio

Wed, 04 Oct 2023 20:01:46 GMT

People pursue divorces for many reasons. However, the exact qualifications and steps involved depend partly on the state in which you file for divorce. Each state, including Ohio, has its own ways of handling divorce proceedings.

If you live in Ohio and you plan on divorcing your spouse, you need to understand the laws, rules, and general protocols involved so you can work with your divorce attorney as smoothly as possible. Take a look at four key points about getting divorced in Ohio.

1. Requirements for an Ohio Divorce

Ohio imposes different basic divorce requirements depending on the nature of the split. If you and your spouse agree to all the petition's points, you can proceed with a dissolution of marriage based on incompatibility or lack of cohabitation for at least one year. Either of you must have lived in Ohio for at least six months .

If disagreements force you to pursue a fault-based divorce, you must show the same minimum period of Ohio residency before you can file. The fault must also fall under a category recognized by the state. Examples include alcohol abuse, extreme cruelty, bigamy, desertion, gross neglect, and marriage under fraudulent circumstances.

2. The Ohio Divorce Process

The first steps in the Ohio divorce process involve filing the divorce petition and paying a filing fee. The filing fee amount may vary depending on whether you have minor children. If you meet the right low-income standards, you may request for a waiver of this fee.

Once you've filed the petition for a fault-based divorce, you must notify your spouse. The sheriff can serve the divorce notice for you, or you can serve it yourself via certified mail. If you can't locate your spouse to serve the papers, you can have it published in the newspaper.

Dissolution of marriage in Ohio follows a different process than a fault-based divorce. For instance, you don't need to serve notice to your spouse since you both already signed the dissolution papers. However, you must wait at least 30 days between the petition filing and the actual court hearing and final dissolution.

3. Property Division in Ohio Divorces

Ohio divorce courts categorize property as either separate or marital in nature. Separate income includes any assets you obtained before your marriage. It also includes gifts made solely to you during your marriage and property appreciation that didn't stem from your spouse's contributions.

Marital income includes all other property or assets you gained during your marriage, from personal belongings to retirement plans. In most cases, the court will divide marital property equally between spouses. However, financial misconduct on one spouse's part may cause the court to award an extra amount to the other spouse.

4. Ohio Spousal and Child Support

Either spouse in an Ohio divorce case can request a reasonable degree of spousal support. The judge will weigh many factors in determining the support award and schedule. Contributing factors may include the marriage's length, both spouses' income or earning ability, and any projected losses the divorce may cause.

Ohio courts tend to calculate and award child support on the basis of which parent holds custody and the extent of that custody. The parent without primary custody pays the child support. In cases in split custody, the higher-earning parent may pay slightly more to balance out the income inequity.

With few exceptions, Ohio courts require a parent to make at least $80 a month per child in support payments. Beyond that amount, the court will apply a basic support obligation amount based on both parents' adjusted gross income, multiplying the basic obligation by each parent's share income share percentage.

An Ohio divorce forces serious considerations, from meeting the basic requirements and selecting appropriate grounds to ensuring that your children receive the proper financial support. Peterson & Peterson LLC's divorce attorneys have the necessary skills and experience to help you succeed. Contact us today.