If you’re considering divorce or you believe your spouse is, you may be surprised at how much the reality of it differs from what you’ve heard from family and friends or just seen depicted on TV and in the movies.
It’s important to note first that laws around divorce and child custody vary from one state to the next – sometimes significantly. Further, each couple’s divorce is unique.
Myth: A reason has to be given for a divorce
You’ve probably heard some lawmakers in Ohio and around the country advocating for the end of “no-fault” divorce because they think it makes it too “easy” to end a marriage. Of course, ending a marriage is never easy.
Ohio, like all states, currently allows couples to divorce without either of them having to provide “grounds” that reflect negatively on the other like adultery or abuse. In Ohio, a person seeking divorce can do so on the grounds of “incompatibility.” They can also file for divorce if the couple has been “separated for at least one year.” Either of these can help both spouses move through divorce more amicably and without disclosing more than they feel comfortable doing about their marriage. This can be especially important if they’re going to be co-parenting children moving forward.
Myth: “Equitable distribution” requires that couples divide everything equally
Ohio, like most states, follows what’s known as the “equitable distribution” rule for dividing assets and debts during divorce. “Equitable” is not the same as “equal.” It simply means that assets and debts are to be divided fairly considering all relevant factors and the law.
Couples should strive for that when negotiating a property division agreement. If they can’t reach an agreement, however, a judge will have to decide how things will be divided – following the equitable distribution rule. Even if a couple does reach an agreement on their own (or based on their prenuptial or postnuptial agreement), a judge will have to approve it, which means it can’t be grossly unfair to one spouse or the other.
These are just a couple of things to keep in mind as you prepare to begin the divorce process. By getting sound legal guidance as soon as possible, you can better make decisions based on the law and on what’s best for you and your family.