Answers for All Your Divorce Questions
We’ve listed the most common divorce questions people ask. We invite you to contact us for a free consultation so we can answer your specific divorce questions and help calm your fears and anxieties.
Call us at 1-888-774-9265 or fill out the FREE CASE REVIEW on the right.
Q1. How much will this cost me?
A. The financial cost to end your marriage depends on the details of your case.
A free consultation will allow us to learn more about your situation. We will be able to provide you with the estimated cost at that time.
Q2. What is the difference between a divorce and a dissolution?
A. A divorce is a contested matter between a husband and wife.
A dissolution is a way to terminate your marriage where you and your spouse agree on everything. It is usually the least expensive and quickest way to end a marriage. A petition is filed with the court in the Ohio county where you live. The court will wait at least 30 days to schedule the hearing, but must schedule a hearing within 90 days after the petition is filed.
You can expect a dissolution to cost at least $1,000.
Q3. How long does a divorce take?
A. You can expect a divorce to take at least 1 year.
Unless the parties can reach agreement by entering into a separation agreement.
Q4. What is a separation agreement?
A. When a husband and wife agree to property division, child support and spousal support and enter into a contract that is agreed to by both parties.
This will be presented to the court.
The Court will be able to adopt the separation agreement.
The agreement would then become an order of the court.
Q5. How will the court determine who gets custody of our children?
A. Ohio law lists 11 factors that the court will consider in deciding what is in a child’s best interest.
Contact us and we will explain each of them to you.
Q6. How does the court determine child support?
A. Child support is based on the income of both you and your spouse.
It also takes into consideration other factors. For example, whether you or your spouse is paying child support for another child and whether you or your spouse is paying spousal support.
All factors become part of the child support worksheet guidelines and an amount is calculated.
Q7. How does the court determine spousal support?
A. Spousal support is determined on a case by case basis.
As a general rule, if the court is going to award spousal support, it takes into consideration the fixed expenses of the parties and thereafter tries to equalize the income between the payor of spousal support and the recipient of spousal support.
As a general rule, the court will order one year of spousal support for every three years of marriage.
Q8. How does the court determine division of property?
A. The court generally identifies whether or not each asset is marital or non-marital.
If an asset is determined to be marital that value is split 50/50 between the parties.
Assets such as inheritances and personal injury settlements are determined non-marital and not subject to division by the court.
Q9. Will our children have to be involved in the process?
A. If you and your spouse do not agree on who should have custody, then your children will be involved.
Generally the court will appoint a guardian ad litem to conduct an investigation and report to the court as to what the guardian’s recommendation is as to the best interest of the child.
Q10. If I had an affair, what role does infidelity play in the process?
A. Legally infidelity plays nothing in the process as far as the financial aspects are concerned.
It is simply a ground for divorce.
However, infidelity can be an issue in the case of a custody litigation.