Because each case is unique, it’s hard to put a price tag on divorce. However, you may be surprised to find that in the end, what you pay is in your hands.

There are dozens of factors in play, but ultimately the total cost comes down to how well you and your spouse can work toward a collaborative rather than combative divorce or dissolution.

Ohio courts determine child custody based on the "best interests of the child" standard. Factors can include each parent's ability to care for the child, the child's relationship with each parent, the child's wishes (depending on their age and maturity), and any history of domestic violence or abuse.

You may be surprised at what your options are, and we encourage you to call us sooner rather than later. Your call will be completely confidential and put you at ease as you consider your next steps.

The court determines what property is “marital” and “separate.” Marital property is generally divided equally, unless it would be inequitable to do so. Factors can include the length of the marriage, the total of the parties’ assets and liabilities, the desirability of retaining assets intact (such as a home), general liquidity, and tax implications, among others.

The Court takes the following factors into account when dividing marital property:

• The length of the marriage

• The assets and liabilities of the spouses

• The desirability of awarding the family home, or the right to reside in the family home for reasonable periods of time, to the spouse with custody of the children

• The liquidity of the property to be distributed

• The economic desirability of retaining intact an asset or an interest in an asset

• The tax consequences of the property division upon the respective awards to be made to each spouse

• The costs of sale, if it is necessary that an asset be sold to effectuate an equitable distribution of property

• Any division or disbursement of property made in a separation agreement that was voluntarily entered into by the spouses

• Any spouse’s retirement benefits, excluding the spouse’s social security benefits, except wherein relevant for purposes of dividing a public pension

• Any other factor that the Court expressly finds to be relevant and equitable
  
  

The value of a closely held business that was created or grown during the marriage may generally be considered a marital asset to be equitably divided.

That does not mean that the court will make divorced spouses business partners together. A principal goal of divorce is to disentangle the parties.
Putting them in business together wouldn’t achieve that goal.

In many cases, a forensic accountant or business valuation expert will help establish the fair market value of a closely held business, and that value is often then divided between the parties in some equitable manner, either by giving the other spouse offsetting assets or requiring a buyout of the former spouse’s interest over time.

When pensions, 401(k)s or other retirement benefits are to be divided, the tax-deferred status of such divided plans and benefits must be protected.  For many plans and benefits,  a Qualified Domestic Relations Order (QDRO) or similar qualified order is required in order to maintain the tax-deferred benefit.

IRAs can often be divided by a tax-free IRA-to-IRA transfer and need not necessarily involve a QDRO, but individual plans or financial institutions may have different requirements.

More often than not, it’s actually more expensive to litigate the division of things like personal property or furnishings than it is to replace them altogether. That’s why the skilled divorce attorneys at Babbitt & Dahlberg make every effort to resolve property division disputes outside of court.

Even an amicable dissolution is only possible once all property is divided and agreed upon.

When you bring property into a marriage, the court can consider it as separate property under Ohio law. That can include down payments or other premarital contributions to real estate. Although each spouse is typically awarded his or her own separate property, the question lies in whether such property is traceable and whether the original value has increased or decreased over time. That’s why at Babbitt & Dahlberg, we team up with our network of financial experts to help our clients receive everything they deserve from their investments.

When a divorce is filed, the court often restrains the other spouse (and in some Ohio counties, both spouses are mutually restrained) from withdrawing from any savings accounts the couple has while the litigation is pending. This typically does not include checking accounts.

Either party in a divorce can ask the court to partially or fully release the restraint. If you are concerned about your savings account being restrained during your divorce, please make sure to mention this to us during your initial consultation with one of our Columbus divorce lawyers.

Marital debt, like marital property, is divided equitably in Ohio. If the student loans were borrowed before the marriage, they will likely remain separate debt, but if the loans were borrowed during the marriage, a court can consider them to be marital debt in some cases. If you or your spouse are still carrying significant student loans, whether for your education or your children’s, be sure to raise this in your discussion with our attorneys.

A divorce can take anywhere from several months to more than a year from the time the Complaint for Divorce is filed until the final Judgment Entry grants the divorce—but because more than 90 percent of divorces are settled before they ever reach a trial, the length of your divorce ultimately may rely on the parties’ willingness to compromise. If that’s not possible, then a court will need to consider the evidence at trial and eventually issue a final decision.

Generally speaking, the quickest method of terminating a marriage in Ohio is through a dissolution, a no-fault procedure. This option requires both parties to agree on all issues surrounding the end of their marriage before they file any paperwork with the Court. The documents must detail the terms of the agreement, including any spousal support, an allocation of parental rights and responsibilities, child support and the division of assets and liabilities.

Both parties must appear before a judge and state their agreement to end the marriage. Once the spouses reach an agreement and file it with the clerk of courts, the court must hold a hearing within 30 to 90 days from the date of filing.

Dissolution may be the quickest and least costly way to split from your spouse. In a dissolution, you’re able to negotiate the split all of your debts and assets without ever setting foot in a court room.

However, if the termination of your marriage cannot be resolved amicably and requires divorce litigation or a trial, it could take many months to finalize. Some factors that can contribute to a lengthy process include:

• The legal and factual intricacy of your case. More assets and complex facts require extra time to analyze and divide.

• Whether you have children. Fierce custody battles and child support disagreements can add months (and dollars) to your Ohio divorce.

• Whether you and your spouse can compromise. Settling out of court may be the quickest way to end a marriage, but only if you and your spouse take the right steps.

If you’re interested in saving time, money and emotions, it’s generally in everyone’s best interest to work cooperatively. Agreeing on an allocation of marital assets beforehand will help the process unfold much faster, as you won’t have to involve the courts in such decisions. Where there is a significant amount of marital property and/or debt in the mix, your divorce attorney may need to hire a certified divorce financial analyst or real estate appraiser.

Finally, custody and child support can be game changers. A custody battle can be costly, and it can have a huge impact on your children.

If you have children, particularly small children, dating is not generally a bridge you’ll want to cross during your divorce. It could not only cause problems in your case, but may also become too much to handle during such a stressful and emotional time.

That said, a lot of individuals asking if they can date are actually asking: What do I do about my current significant other? Sometimes it’s best to put the relationship on hold during the dissolution process, as it might make your case harder if and when your spouse finds out.

However, every case is unique. If you’re already in a relationship, make sure to discuss that with your attorney — they can advise on how that may ultimately impact you and your family, under the circumstances.

If your spouse is denying you access to finances during a divorce, the first step is to contact your attorney immediately.

Your attorney can file for temporary financial orders, such as a restraining order on assets or a motion to grant you access to financial accounts.

Courts generally want to ensure that both parties have access to necessary funds during divorce proceedings. You may also be able to request spousal support or an advance distribution of marital assets in order to maintain financial stability during the divorce process. Contact us today and we can help you navigate this process.