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“The Nuts and Bolts of Divorce” by Manav H. Raj
What you need to know at the end of your marriage.

As part modern society, marriage is considered a turning point in our lives. Independence, maturity, adulthood, hope, dreams, lifetime, friendship, soul-mate; these are the characteristics, these are the words, with which we define marriage.

Fortunately or unfortunately, in the last 50 years, another word has come to be associated with marriage: Divorce. In every family and in every workplace, there are people who are more than happy to share their views on divorce.

“Don’t worry. Mothers always get their children.”

“She took everything. I got nothing.”

“His lawyer took the house, took the pension, and left me and my kids with nothing.”

These are the sorts of comments that are quickly disseminated by friends and family. But are any of these statements true? What do you really need to know when you are facing the reality of divorce?

In the State of Ohio, there are two procedural ways to end your marriage: Dissolution of Marriage or Divorce. A Dissolution of Marriage is an agreement; husband and wife sit down and come to a resolution on all the issues of their marriage. They commit that agreement to writing and submit it to the court. In business, this agreement is known as a contract. In Family Law, this agreement is called a Separation Agreement. The Separation Agreement is submitted to the court which will then hold a hearing where both Husband and Wife will publicly declare their ongoing commitment to the terms and parameters of the agreement. Assuming the court accepts the terms of the agreement, the marriage is dissolved.

The other procedural method of ending a marriage is Divorce. At a most basic level, a Divorce is a lawsuit where the plaintiff sues the defendant for violating certain terms of the marital contract. Like all lawsuits, it begins with a Complaint and ends with a Trial before a Judge. At that trial, the Judge makes a decision on the issues of the marriage.

Now that we have discussed the procedural methods by which a marriage is legally terminated, what are the substantive elements? In other words, if your marriage is over, what is that really going to mean to your life?

Regardless of whether it is a Dissolution of Marriage or a Divorce, the issues of your marriage must be addressed. Under Ohio law, there are 3 primary issues:

1) Children, 2) Property, and, 3) Spousal Support.

The technical term used when discussing child related issues in Ohio is allocation of parental rights and responsibilities. From a practical standpoint, this really means how are the rights and responsibilities with regard to our minor children going to be allocated between both mom and dad? When are the kids going to see mom and dad on a 365 day calendar? How will we deal with major and minor medical decisions, health insurance, tax dependency exemptions, the cost of extra-curricular activities, child support? These questions, along with many other child related issues, must be addressed at the time of divorce. The answers to these questions are embodied within either an Order of Custody or an Order of Shared Parenting. However, regardless of the title (custody or shared parenting), the meat of any parenting order is the schedule. The court must define a specific schedule when the children will enjoy time with each of their parents. Once that schedule is determined, it can be housed within either a Shared Parenting Plan or a Custody Order. When evaluating this decision, the court must look to what is in the child’s best interest to determine which Order is appropriate. Finally, depending upon a number of factors there is the issue of child support. Child support is mandated by law and is a calculation determined by the Ohio Revised Code which can be adjusted to meet the needs of the children.

The second issue of the marriage is property. There are two types of property in Ohio: separate property and marital property. Separate property are those things which either husband or wife brought into the marriage, as well as any gifts or inheritances received during the marriage. This includes tangible property (houses, cars, clothing, furniture) as well as intangible property (money, investments, pensions) which is still in existence today and the origin of which can be traced to a time prior to the marriage. Everything not defined as separate property is marital property. Title doesn’t matter (the deed to the house), who purchased it doesn’t matter (his car, her car, his jewelry, her jewelry), who earned it doesn’t matter (he worked, she worked), who incurred it doesn’t matter (her credit card, his credit card); if the asset or the liability came into existence during the marriage, it is marital property. Generally speaking, marital property is subject to an equitable division between the parties.

The final issue of the marriage is spousal support. Previously, spousal support was known as alimony or maintenance. However, regardless of the title, there are no hard-and-fast rules which determine spousal support in Ohio. How much spousal support is appropriate, how long that support should last, or whether there should be any support whatsoever, is subject to debate and negotiation.