If you are preparing to divorce your spouse, you likely have a strong sense concerning whether this process will unfold in a relatively cooperative and collaborative fashion or a contentious one. Either approach will need to conclude with the execution of a property division order that appropriately represents the interests of both parties. Reaching this ultimate goal can be challenging during an Ohio divorce because the state’s property division standards are not as cut-and-dry as they tend to be in community property states.
Equitable Distribution of the Marital Estate
Unlike several states that still require spouses to divide the value of their community property 50/50, Ohio is an equitable distribution state. This means that, in the event that your divorce process is contentious and a judge is called upon to intervene, they will be empowered to divide the value of your marital estate in any way that they deem to be equitable and fair in nature. As a result, the value of your marital assets won’t necessarily be divided 50/50 if you end up litigating your divorce.
Of course, you and your spouse can also work with your attorneys to craft a collaborative solution to your property division concerns. By cooperating with one another via negotiation and/or mediation, you can divide your property in any way that is mutually agreeable. However, if your divorce process starts cooperatively and ends contentiously, simply know that the equitable distribution standard is the one that the courts will use to resolve your dispute.
What Is Fair?
When preparing to divide your marital property, you’ll want to take some time to consider the issue of fairness. Is there a reason why you or your spouse should be granted a more significant claim to the value of a particular asset? If you are determined to retain ownership of a very valuable asset – like your marital home – what would be a fair way to offset your spouse’s share of its value? By being thoughtful in your approach, you can help to keep the task of determining what is fair less stressful than it might otherwise be.
Contact a Skilled Lake County, OH Divorce Lawyer for Free to Learn More
Whether you are unsure of how you would like to divide your marital estate or you already have strong impressions concerning how you want to approach this process, the dedicated team of Lake County, OH divorce lawyers at Axelrod Law Office can help you to pursue a truly equitable outcome to your property division situation. Our team has extensive experience assisting spouses in both collaborative and contentious approaches to property division, so we are prepared to effectively represent your interests regardless of the particular ins and outs of your circumstances.
To learn more about our approach to legal representation in divorce cases, as well as your property division rights and options under Ohio law, you can schedule a risk-free legal consultation at no cost by submitting a contact form on our website or by calling us at (440) 271-8126. We look forward to speaking with you.