Ohio specific rules for how the house and other property is divided in OhioIn Ohio, everything you and your spouse acquired during your marriage is subject to division in a divorce. That includes your house. That includes property that is owned separately and individually by you or your spouse (so long as the property was not owned before the marriage or it was inherited). Ohio requires that all marital property be divided equally, unless it would be unfair to divide things equally. In that case, the court will divide marital property however it would be fair to do so.
A house is usually the most significant asset a couple will acquire during the marriage. The equity in a home, or the difference between what is owed on the mortgage and what the house would sell for, is marital property that is subject to division 50/50.
Do I have to sell the house if I get divorced?Sometimes it is appropriate to sell the house in a divorce and sometimes it is not. The main point is that the equity in the home is divided 50/50 in Ohio. How that equity is divided could be done a number of different ways. As a practical matter, only one spouse can live in the house after the divorce. So whoever keeps the house will have to refinance the mortgage to be in their sole name. When that spouse refinances, they may have to refinance in an amount sufficient to pay the other spouse for their share of the equity. If only one spouse has good enough individual credit worthiness to refinance the mortgage in their sole name, then normally they would be the spouse to keep the home. If neither spouse would be able to individually afford the home, then that would normally be a situation where the home was sold and the proceeds were split between the spouses. If both spouses could afford the home individually and both spouses want to live in the home after the divorce, then that is a problem that would have to be resolved through negotiation or through the court.
Do I always have to split the equity in the home during a divorce in Ohio?Not necessarily. One of the biggest things that happens during a divorce is all the marital assets are rounded up and all the debts are rounded up. Those can all be split in half or they can be divided in other ways so long as each spouse leaves the divorce with roughly half the value. That means if a couple who is getting a divorce owns a home and has a retirement account and the equity in the home is roughly equal to the value of the retirement account, then maybe one spouse can keep the home and the other gets the retirement account. Or they could both be divided in half. The more assets that two people acquire during a marriage and the more one spouse has strong feelings about keeping certain assets the more complicated it is to get a divorce. In that case, you need a good divorce attorney.
Central Ohio Divorce AttorneysThe attorneys at Harris & Engler help individuals who need a divorce attorney in Columbus and Delaware, Ohio. If you live in Central Ohio and need a divorce attorney, then you can talk to one today by calling (614) 610-9988.
Columbus Ohio Divorce and Family Law AttorneysThe Central Ohio divorce and family law attorneys at Harris & Engler help clients in Columbus, Delaware Ohio, and greater Central Ohio with all of their divorce, child custody, and family law issues. Harris & Engler has attorneys ready to serve you who are well experienced in divorce, child custody, and all Ohio family law. The divorce attorneys at Harris & Engler primarily practice family law in Franklin, Delaware, and Union counties, but ultimately help clients needing an experienced divorce attorney all around Central Ohio.
The divorce attorneys at the Columbus Ohio based law firm of Harris & Engler focus on obtaining the best results as possible for their clients as efficiently as possible. When looking for a divorce attorney you need someone who you can count on to answer the phone or return your phone call and to be there for you for the little emergencies that sometimes happen when going through a divorce.
You have your own goals to get out of your divorce and the attorneys at Harris & Engler can help you get there. You can call to discuss your case or schedule a consultation by calling (614) 620-9988.
How to Answer a Divorce Complaint in OhioSomeone has got to be the first to file for divorce. If you've received a big envelope from your county court of common pleas with a summons and divorce complaint, then that means your current spouse was the one to file first and you've got to file what is called an "answer" to the divorce complaint. Probably the most difficult aspect of the process of filing a complaint for divorce in Ohio or filing an answer to a divorce complaint is filling out all of the affidavits that have to be filed along with the divorce complaint or answer.
Filling Out Affidavits To Go With The Divorce Complaint or AnswerEvery county in Ohio has slightly different requirements for what affidavits have to be filed with a divorce complaint or answer. The number of affidavits also depends on whether or not there are minor children of the marriage. In Franklin County, Ohio, in order to file a divorce complaint or answer for a marriage when there are no minor children born of the marriage, then each spouse has to fill out and file an Affidavit of Property and Affidavit of Income and Expenses. If there are minor children of the marriage, then in order to get a divorce in Columbus, Ohio, you also need to fill out a Health Insurance Affidavit and a Parenting Proceeding Affidavit.
In order to obtain a divorce in Delaware County, Ohio, you need to fill out all the same affidavits as in Franklin County, plus a few more. If there are no minor children to the marriage, then you also have to fill out a supplemental affidavit that basically lists your education level and job experience. If you have minor children to the marriage, then you have to fill out all of the above affidavits plus a supplemental parenting proceeding affidavit.
All of the affidavits required to get a divorce in Ohio can be found on the Supreme Court of Ohio website here. For Delaware County, all of the affidavits can be found here. Ohio also requires divorcing parents of minor children to take a parenting class before the divorce can be finalized. Each county may have their own parenting class program.
Mutual Restraining Orders and Motion for Temporary OrdersThere are a few other documents that are often filed at the time of the divorce complaint or answer. These are a motion for mutual restraining orders and motion for temporary orders. A mutual restraining order is basically a court order that puts a freeze on each party's ability to move around their bank accounts or other assets. It can be useful to prevent any financial wrongdoing while the divorce case is ongoing.
A temporary order is a court order that can cover a range of things like child support, spousal support, and child visitation while the divorce case is going on. Temporary Orders are just temporary court orders that the Judge puts in place while the divorce case is ongoing. Whenever the Judge decides on the main issues of the case, or when the parties to the divorce reach an agreement, then the final court order replaces the temporary order.
The Answer and Counter-Claims Of a Divorce Complaint in OhioIn general, in any legal proceeding, when you file an answer you've got to respond to each allegation made in the Complaint. Each allegation is usually divided into a separate paragraph.
In Ohio, there are various different legal grounds to obtain a divorce. It may surprise someone receiving a divorce complaint to see listed things like adultery, extreme cruetly, gross neglect of duty, or that the parties have lived separate and apart for at least one year. Whatever specific case of action that is listed as the ground for divorce is ultimately not important. All that is needed to obtain a divorce in Ohio is that the parties agree that they are "incompatible." However, usually more than one ground for divorce is listed as a safety measure of listing possible alternative grounds for the divorce in case one of the grounds is too difficult to prove at trial.
It is usually a good idea for the recipient of a divorce complaint to file their own counter-claim along with the answer requesting a divorce. This ensures that divorce can still be obtained if there end up being problems with the filer of the divorce complaint and their case.
Central Ohio Divorce AttorneysA divorce can be complicated, or it can be relatively simple. It all depends on the actual people involved, how much stuff and how much debt they have, and how willing or unwilling those people are to make an agreement. The only reason you should ever go it alone in a divorce without an attorney is if you are not able to afford an attorney and you have no one to help you with the expense. But even then, you should reach out to the Legal Aid Society of Columbus to see if your income level qualifies you for free legal assistance. For everyone with the financial ability to do so, they should hire a local divorce attorney. You are simply going to get a better resolution to your divorce with a lawyer. If you need a divorce attorney and live in the Central Ohio area, then call the law firm of Harris & Engler. The divorce attorneys at Harris & Engler have offices in Columbus, Ohio, nearby to Delaware, Ohio, and they help with divorces all over Central Ohio.
Ohio Updates Child Support Law for the First Time in Nearly 30 YearsOhio's child support law underwent a major overhaul representing the first update to child support law since 1992. Ohio's new child support law goes into effect on March 28, 2019. This means that only new child support orders after 3/28/19 will be affected or any child support orders where a modification is requested after this date.
A few of the biggest changes are outlined below:
- The child support calculation itself is updated. The old child support law was more likely to produce a child support order for low income parents that was in an amount in excess of their ability to actually pay.
- There is a newly created "self-sufficiency reserve." This is a reserve to where the obligor (paying) parent has a minimum necessary reserve from their income to at least maintain a certain self-sufficiency living standard.
- The minimum child support order was increased from $50/month to $80/month.
- The calculation of child support for obligor parents with multiple families has been updated. It used to be that if a father was subject to multiple child support orders, then whoever filed the first child support order usually got more in child support then other parents of other children that filed against the father for other children. This has been changed so that children of different families get the same amount.
- There is now an automatic 10% credit given to a parent who has parenting time at least 90 nights out of the year.
- The Court is also required to consider an additional deviation above the 10% credit for an obligor parent who has parenting time over 90 nights per year.
- There are new caps on the Child Care Credit. Under the old law, day care expenses were one of the biggest factors in determining how much the child support obligation was. Now this is capped.
Divorce Attorneys in Columbus OhioIf you are thinking about getting a divorce in Ohio, then there are some advantages to being the first to file. In Ohio, there are some special rules that apply to divorce actions that don't apply to normal civil lawsuits. For example, in a normal civil lawsuit you usually have to file the lawsuit where the Defendant lives or where the incidents took place. In Ohio, whoever files the divorce (the Plaintiff) gets to decide what court to file in. This can be a serious advantage in a divorce case if the spouses live in different counties. If the spouses live in different counties then the person who files for a divorce should normally do it in the county that they live in. That way the Plaintiff will not have to travel to a different county to attend court hearings and they wont have to pay their attorney to travel to different counties for the divorce case. That saves time and money. If both spouses live in the same county, then that county would be the county that the divorce would be filed in, but there are still some other advantages to being the first to file for divorce.
In order to be able to pick your county court in filing for a divorce, you simply need to have been a resident of Ohio for 6 months and a resident of the county you want to file in for 90 days.
What County Do You Have to File in if Your Children Live in a Different County than You?Technically, a divorce and a child custody determination can be divided into two separate actions. However, it usually makes the most sense to do it all together and get your divorce and child custody action all handled at once. The Uniform Child Custody Jurisdiction and Enforcement Act basically provides that only the Court in the county where the children have lived for the past 6 months has the power to decide child custody issues. The general rule is that if there ever was a pre-existing child custody order, then you always have to go back to that court to change custody (there are exceptions for if, for example, the children move, and some other nit-picky rules, so call an attorney if you have questions).
If your children live in a different county than you, and you want to file for divorce, then it usually makes the most sense to file in the county your children live in, although technically you could choose to just file in the county you live in (but that court couldn't make a custody determination if your children live in a different county).