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The information below is general and based upon current
Ohio law. If you wish to learn
how the laws apply to your situation and
what will happen in your case contact us for a
free case evaluation.
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1.
My child is X years old so they can decide where to live?
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No matter what the age of a child if they are a minor they are never allowed to "choose"
which parent to live with, however, the older the child the more weight a court may give to the
child's desires.
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2.
If I quit my job I won't have to pay child or spousal support?
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The basis for modifying support levels can be found here, but suffice to say that a person who
intentionally manipulates their income is going to end up paying the same levels as if they have
the income.
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3.
If I have shared parenting I will pay/receive less child support?
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The fact that the parties enter into a shared parenting agreement in and of itself does not relieve
the court from calculating child support on the basis of the state mandatory guidelines. The
actual time with the child as set forth in the shared parenting, however, may lend itself to having
a modified amount based upon the reduced and/or shared expenses of the parties.
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4.
We have only been married 1 year therefore I do not have to pay or can not receive spousal
support?
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While the duration of the marriage plays a part in the award of spousal support it is not the
determining factor. Shorter term marriages are less likely to receive orders of support because
the people involved in the marriage have not relied on one another's income for very long.
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5.
I have only been married a month, I want an annulment.
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The grounds for annulment do not include the length of the marriage. It makes no
difference how long you've been married. Even if you were married one day, if you do not qualify
for an annulment the court cannot grant one.
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6.
We just divide in half, right?
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Wrong, while a fifty-fifty division of the marital estate is a starting point for the court, the
court is directed to divide the marital estate in fairness, which may or may not lead to an equal
division of the marital estate.
Click here for a guide to property division.
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7.
Throughout the marriage we maintained everything separate, separate accounts, separate credit
cards, etc.
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A discussion of the division of marital property can be found here. The fact that the parties
maintained "separate accounts" and/or debts does not necessarily mean they are not part
of the marital estate and if they are the court may divide them any way it sees fit. The easiest
way to think about this is if the item in question is part of the marital estate then the terms
"his" or "hers" have no legal significance.
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8.
Courts favor the woman in custody disputes.
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Historically this may have been the case, but it reflected more on the reality that mothers were
the primary caretakers of the children. Today that is not always the case and the law is very
clear that the determination of custody must be gender neutral. A full discussion of
factors involved in custody decisions can be found here.
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9.
My spouse behaved badly (committed adultery, abandoned us, etc.) I can get more for that,
right?
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Generally, this is wrong, while there are grounds for divorce based upon the bad behavior of one
party the reality is that poor behavior in the marriage will take a back seat to other principles
surrounding the division of the assets, debts, and custody.
If the bad behavior somehow impacted
on these decisions such as, spending a portion of the marital estate on a girlfriend/boyfriend or
exposing the children inappropriately to the extra marital relationship or abandoning in whole all
financial responsibility for the family. These factors may have some bearing, but the mere fact
that someone behaved badly generally will not make a difference in the distribution of assets
and/or custody of the children.
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10.
I paid for everything during the marriage he/she is entitled to nothing.
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The manner a court divides the marital estate can be found here. Suffice to say while some people
still believe this statement it is far from the truth.
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Comunale 2005, all rights reserved. The materials on this
website are provided for informational purposes only and ARE NOT LEGAL
ADVICE. This information may not apply to your specific situation. To
learn how the law may apply in
your case, contact us for a free case evaluation.
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