Frequently Asked Questions About Divorce

You likely know that divorce can be a difficult and emotionally challenging process, filled with legal questions that impact every aspect of your life. Understanding the basics can help ease some of the uncertainty and help individuals make informed decisions. This FAQ guide provides answers to the most common questions surrounding divorce, helping you work through this significant life change with more clarity.

What Are the Legal Grounds for Divorce?

In most states, divorce can be filed on two types of grounds: fault-based or no-fault. In a no-fault divorce, the party seeking the divorce doesn’t need to prove wrongdoing on the part of their spouse. The most common ground for no-fault divorce is irreconcilable differences or the irretrievable breakdown of the marriage. In contrast, fault-based divorces require the filing party to prove that their spouse’s behavior led to the marriage’s breakdown. Common fault grounds include adultery, abandonment, cruelty, or substance abuse.

No-fault divorce is now the most commonly used method, making the process simpler, less contentious, and typically quicker. In cases where fault is cited, the process can be more complicated, involving evidence, witness testimony, and more extensive legal proceedings.

How Is Property Divided?

Property division in a divorce depends on whether the state follows community property or equitable distribution rules. In community property states, all marital property—assets and debts acquired during the marriage—are divided equally between the spouses. This means everything is split 50-50, regardless of who earned more or spent more.

In equitable distribution states, property is divided fairly, but not necessarily equally. The family law court will consider factors like the length of the marriage, each spouse’s financial situation, contributions to the marriage (including non-monetary contributions like childcare), and the needs of each spouse going forward. It’s important to note that only marital property is subject to division, while separate property (owned by a spouse before marriage or received as a gift or inheritance) remains with its owner.

How Is Child Custody Determined?

When it comes to child custody, family law courts base their decisions on what is in the best interest of the child. This includes factors such as the child’s emotional and physical needs, the ability of each parent to provide for the child, and the child’s relationship with each parent.

There are two types of custody: physical and legal. Physical custody refers to where the child lives, while legal custody involves making important decisions about the child’s upbringing, such as education, healthcare, and religious practices. Both types of custody can be awarded solely to one parent (sole custody) or shared between both parents (joint custody). Family law courts encourage joint custody where possible, as it’s generally believed to be in the best interest of the child to maintain a strong relationship with both parents.

In cases where parents can’t agree on custody arrangements, the court may appoint a mediator or require the involvement of a guardian ad litem, who advocates for the child’s best interests during the proceedings.

How Is Child Support Calculated?

Child support is financial assistance provided by the non-custodial parent to the custodial parent to help cover the child’s basic needs, including food, housing, education, and healthcare. Most states use a formula to calculate child support based on the income of both parents and the amount of time each parent spends with the child.

Factors that influence child support calculations include:

• The income of both parents

• The number of children involved

• The child’s needs (such as medical expenses, education costs, and extracurricular activities)

• The standard of living the child would have enjoyed had the marriage not ended

In some cases, the court may deviate from the standard formula if the child has special needs or if the paying parent’s financial situation drastically changes.

What Is Spousal Support?

Spousal support, also known as alimony, is money paid by one spouse to the other after the marriage has ended to help maintain their standard of living. Family law courts award spousal support based on several factors, including:

• The length of the marriage

• The financial resources and earning potential of each spouse

• Contributions made by each spouse to the marriage (including homemaking and child-rearing)

• The age and health of both parties

Spousal support may be temporary, lasting only during the divorce process, or permanent in cases where one spouse is unlikely to become self-sufficient due to age, disability, or lack of work experience. In many cases, alimony is awarded for a fixed term, giving the receiving spouse time to gain education, training, or employment necessary to become financially independent.

How Long Does the Divorce Process Take?

The length of the process depends on several factors, including whether the divorce is contested or uncontested, the nuances of the marital estate, and the degree of cooperation between the spouses. Uncontested divorces, where both parties agree on all major issues, can be completed in a matter of months.

However, in contested divorces, where the spouses can’t agree on key issues such as property division, child custody, or spousal support, the process can take much longer. A contested divorce often involves litigation, court hearings, and mediation, all of which can extend the timeline to over a year, depending on the court’s schedule and the difficulty of the case.

In states with a mandatory waiting period, the process may take even longer. Waiting periods range from 30 days to six months, during which time couples must live separately before the divorce is finalized.

What Is a Divorce Settlement Agreement?

A divorce settlement agreement is a legal document that outlines the terms of the divorce, including how property will be divided, child custody and support arrangements, and whether spousal support will be paid. This agreement is typically reached through negotiation between the spouses and their attorneys or through mediation.

Once both parties agree on the terms, the settlement is submitted to the court for approval. If the court finds the agreement to be fair and in accordance with the law, it will be incorporated into the final divorce decree. In cases where the parties can’t agree, the court will intervene and decide the terms of the divorce.

A divorce settlement agreement is legally binding, meaning both parties must adhere to the terms. Failing to comply with the agreement can result in legal consequences, including contempt of court or modifications to the agreement.

Can a Divorce Agreement Be Modified After It’s Finalized?

Yes, certain aspects, such as child custody, child support, and spousal support, can be modified after the divorce is finalized if there’s a significant change in circumstances. For example, if one parent loses their job or experiences a substantial increase in income, they may request a modification of child support payments.

To modify a divorce agreement, the requesting party must file a petition with the court and provide evidence of the change in circumstances. The court will review the request and decide whether a modification is warranted. It’s important to note that modifications aren’t granted for trivial reasons and must be based on significant life changes.

Property division is generally not subject to modification after the divorce is finalized. Once the court has issued its final order on property distribution, it’s considered final unless fraud or misconduct can be proven.

What Happens if My Spouse Refuses to Sign Divorce Papers?

In cases where one spouse refuses to sign divorce papers, the process can still proceed. A refusal to sign doesn’t stop the divorce but may complicate and lengthen the process. If the other spouse doesn’t respond to the filing, the court can issue a default judgment, allowing the divorce to move forward without the non-responsive spouse’s participation.

If the spouse actively contests the divorce, the case will likely go to trial, where a judge will decide the terms. This can include rulings on property division, child custody, and support arrangements. Refusing to sign divorce papers won’t prevent the marriage from ending but may give the court more control over the outcome.

Do I Need an Attorney?

While it’s possible to file without a lawyer, especially in uncontested cases, hiring legal representation is strongly recommended in most circumstances. Divorce involves nuanced legal issues such as property division, child custody, and support arrangements, and an experienced family law attorney can help make sure that your rights are protected throughout the process.

A family lawyer can also assist in negotiations, represent you in court, and help maneuver through the often-confusing legal system. In high-asset divorces or cases involving children, having a knowledgeable family law attorney can make a significant difference in the outcome of the case. Even if the divorce is amicable, consulting with a lawyer to review the settlement agreement is a prudent step to avoid potential issues down the line.

Work With a Divorce Lawyer Today

Divorce is a life-changing event with significant legal and emotional consequences. Understanding the legal process and having accurate information about the most common aspects can help individuals make informed decisions during this difficult time. Whether it’s working through child custody, determining spousal support, or dividing property, having clarity about the legal aspects of divorce is essential for reaching a fair and equitable resolution.

By addressing these frequently asked questions, individuals going through a divorce can better prepare themselves for the challenges ahead and work towards a smoother, less contentious legal process.

If you’re looking for an Ohio divorce lawyer, consult with Douglas A. Ball, Attorney at Law for the help you need. He serves Batavia, Ohio as well as Batavia County, Clermont County, Hamilton County, Brown County, and Warren County.