Introduction to Family Law Divorce and division of property

Difference between “dissolution” and “divorce” in a dissolution: the parties present their written agreement to the court, along with a petition asking the court to dissolve their marriage. The parties' agreement must address all issues relevant to their marital relationship, for example, child custody, visitation, and support, as well as property division, debts, taxes, and fees. Then, the court must hold a final hearing acting on their petition between thirty and ninety days after it is filed.

Continued… a divorce: is a lawsuit filed by one party against the other, asking the court to decide all matters pertaining to the marriage. Even though one spouse may sue the other for divorce, most people reach an agreement without an actual trial. If no agreement is reached, the court will decide all of the unresolved issues.

What happens to the property? The basic approach in Ohio is to determine what the parties' marital assets are, and then to divide them , even if one person earned more money than the other during the marriage - unless something very unusual has happened that would require the court to divide the property differently.

Continued... Three types of property: separate property, pre-marital property, and marital property If either party claims that property is separate or pre- marital, the person making the claim must prove it.

Spousal/ Child Support The court may order spousal support in certain situations, for example, where one spouse or the other has not developed a career because of home responsibilities, or has failing health Certain child support actions can be taken through your county's child support enforcement agency so that you do not need to retain a private attorney. Also in some Ohio counties, a local Legal Aid Agency might be able to provide assistance, if you meet their income criteria.

Court’s decision on matters concerning children When called upon to decide matters pertaining to the children, the court must determine what is in "the best interest of the children. 1) The wishes of the child's parents regarding his or her care, 2) The child's interaction with other people who are important in his or her life, 3) The child's adjustment to his or her home, school, and community; 4) The mental and physical health of all persons involved in the situation; 5) The parent more likely to honor and facilitate visitation and companionship rights approved by the court; 6) Whether either parent has failed to make all child support payments, including all arrearages that are required of that parent pursuant to a child support order under which that parent is an obligor; 7) Certain criminal convictions of parents.

In class activity Read the case study Answer the questions Post on wiki