If divorce is in your near future, you may be facing it with a mix of hope and dread. If you are having feelings of dread, such feelings may be based on misconceptions you’ve acquired over the years from friends, family, media and elsewhere.
There are many common misconceptions about divorce. It is important to understand the ways in which these misconceptions are false so that you can be better prepared for the divorce process.
Mothers usually get primary custody of the children
Ohio law directs judges to divide custody based on “the child’s best interests.” Both parents, regardless of gender, have the same rights to seek shared, sole or primary custody.
It’s typically best when parents can negotiate their own custody arrangements with the help of their legal representatives, and then submit their agreement for a judge’s approval. Otherwise, they each need to make a case in front of a judge for the parental rights and responsibilities they’re seeking. This could involve the child, depending on their age and maturity, having to talk with the judge about their wishes.
Equitable distribution means everything is divided equally
Ohio, like most states, follows “equitable distribution” for property division. Equitable doesn’t mean equal. It means a fair distribution.
If a judge is called on to decide property division, their goal should be a fair distribution of marital property owned by both spouses. Separate property – such as inheritances or anything brought into the marriage that wasn’t commingled with marital assets – typically remains with the person to whom it belongs.
Again, spouses can negotiate their own property division agreement that may be different than what a judge would decide. They may have a prenuptial or postnuptial agreement that designates that each spouse will keep certain assets and/or debts upon divorce.
One spouse must accuse the other of wrongdoing to divorce them
While there has been a lot of talk among conservative politicians about ending “no-fault” divorce, all states, including Ohio, currently have it in one form or another. Under Ohio law, two grounds for divorce are being “incompatible” and being “separated for at least one year.” That means neither spouse needs to allege adultery, abuse or any of the fault-based grounds to get a divorce.
By getting sound legal guidance before you begin the divorce process, you can help ensure that you won’t waste time and stress on misconceptions. This can help you focus on working toward the best outcome.
