23 Mar How does the Court see Property Distribution and Child Custody in a Divorce Case?
Are you ready to file for divorce? We can help you get through this transition smoothly. As an experienced team of attorneys with 30 years in the field, we are aware every divorce comes with a vast amount of complexities. As your family law attorney, we will be sure to look at all the components of your case and deliver the best strategy.
Two major concerns for couples during a dispute are property distribution and child custody.
Equitable Distribution, which does not mean an equal division of properties but a fair division, gives the right to the court to divide the property regardless of who is the legal owner. In order to have a fair shot at your belongings, you should hire a divorce attorney, a family law attorney will assist you in building a strong case to present to the court. You will also have the reassurance that you are given a fair trial when facing your significant other during the complex stages of divorce.
What properties does the court consider for division?
The following are the elements considered for division under the courts. Before filing for a divorce, your attorney will be able to brief you on these matters and develop a strategy to assess each one.
- Marital residence
- Inheritance properties
- Wealthy gifts
- Workers Compensation
- Properties purchased after marriage by any spouse
- Properties purchased before marriage by any spouse
- 401K Payments & Pensions Scheme
- Stock Options
What factors does the court consider for ‘fair’ division?
The court reserves the right to add the relevant factors during the court hearings. The factors the court considers for ‘fair’ division are:
- The length of the marriage
- Reason for the initial filing of the divorce
- Ages and health factors
- Occupation of both partners
- Current financial stability and the regular sources of income
- Education, earnings potential and employability
- Responsibilities and requirements of both partners
The court will make the decision based on the best interest of the child. After reviewing the fact, the court may grant joint or full custody.
If both parents have predetermined the primary custody, then the court will consider the couple’s decision and proceed to reach a final decision with the children (or child’s), best interest in mind.
If either parent plans to relocate, the court will factor that detail into the custody decision. The parent’s ability to facilitate a relationship with the child can also increase the likelihood of custody for that parent.
If a parent has failed previously with child support payments or if a parent was in the conviction of guilty plea for any abuse or domestic violence, the chances of that parent receiving custody decrease significantly. Furthermore, the factors for the children (or child’s) primary custodial rights is thoroughly reviewed and considered with the best interest of the children (or child).
Seeking legal representation for divorce can be beneficial to you during this strenuous process. Are you considering hiring legal representation? Schedule a consultation with our professional and experienced attorneys and counsellors at law to discuss the details of your case. To better serve you we have 4 locations in the greater Ohio area.