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What is Decided in a Divorce Case?

On Behalf of | Oct 17, 2017 | Child custody, Divorce, Family law

Goals & Objectives: Divorce Case

When filing for divorce it is important to be clear on goals and objectives, and to have an understanding of what the court can actually do for you. What the court can do for you is one or two things, and hopefully you will be informing the court on how these things ought to be accomplished.

Assets & Liabilities in a Divorce Case

First, the court will divide your assets and liabilities. It is one main objective of the court to financially disentangle the parties. While there may be ongoing child support or spousal support, it is usually best that the parties divide bank accounts, debts, personal property and begin living apart. A simple way to think of it is that when two people get married they become in many ways a single legal entity. Divorce has to separate them back out into two distinct entities again – husband and wife have to be disentangled.

Child Custody in a Divorce Case

This also applies to assigning rights and responsibilities regarding children, if there are any. This is the second objective. Who has custody, or will the parents both continue to share custody? When determining this the court, and hopefully the parties will consider what is in the best interest of the children. There is no favoritism for fathers or mothers in Ohio, both parents are considered equally, and in Domestic Relations court there is typically an assumption that shared parenting (both parents having custody) is the best way to go.

Ohio Divorce Case – Consult an Attorney

While the concept of divorce may seem simple, the reality is a that there is often a lot of intricate details that have been accumulated during a marriage that can make the issue complicated. What the Court cannot do, or is unwilling to do in Ohio, is determine whose fault it is that the marriage did not work. If your goal in a divorce is to assign blame, the court will not be interested, it only wants to determine the division of property and the rights and responsibilities of parents. Assigning blame? That’s for friends and family.

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