Ohio Property Division and Child Custody
Determining questions of property division and child custody is often the most contentious part of most divorces.

May 31, 2010 /24-7PressRelease/ -- Ohio Property Division and Child Custody

Determining questions of property division and child custody is often the most contentious part of most divorces. The efforts of attorneys and, ultimately, the decision of the judge will have a lasting effect on both ex-spouses and the children for many years. For that reason, it is critical that any person going through a divorce in Ohio become familiar with how the court reaches its determination and what can be done to best achieve a favorable outcome.

In Ohio, the way in which property is divided depends upon whether it is "marital property" or "separate property." Generally speaking, marital property is anything that was accumulated during the marriage and separate property is anything that was not. Of course, there are exceptions. For example, if one spouse inherited property during the marriage, it would be considered separate property because the other spouse had nothing to do with the accumulation. Another exception is interest or appreciation from property that was separate property to begin with, again because the other spouse had nothing to do with it.

For the most part, the court will award one half of the marital property to each spouse and the separate property to whichever spouse claims ownership prior to the divorce. Again, there are exceptions to this rule. For example, if one spouse will suffer great hardship because the assets are being divided equally, the court may modify each spouse's award to prevent that from happening.

An Ohio judge has much more discretion when it comes to awarding custody of children. More than anything else, the best interests of the children involved drive a judge's decision. A judge can consider everything from the desires of the child to the adequacy of each parental home to the child's relationship with each parent.

Ohio judges will generally issue a ruling that is fair to both parties and is in the best interest of any children. Because family law judges have such discretion and their rulings have such a significant impact, however, anyone going through a divorce would be well-suited to have an experienced attorney on his or her side. Only then can one be sure that his or her interests are adequately being represented.

Press Release Contact Information:

Findlaw PR