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Divorce laws vary from state to state

On Behalf of | Jun 1, 2016 | Divorce

People who get a divorce in Ohio are subject to state-specific laws that may be quite different from the divorce laws in other states. Because federal laws do not regulate divorces, every state has its own way of letting married couples part ways. The time it takes to make a divorce official, the way that property is divided and guidelines about alimony payments are just a few of the issues that can vary greatly from state to state.

The date of separation is an important concept in divorce cases that can play a role in property division as well as the time it takes to have a divorce finalized. Some states see the date of separation as the day that one spouse lets the other spouse know that they want a divorce. Other states define it as the day that spouses physically separate and begin living in separate houses.

Like most states, Ohio follows the principle of equitable distribution where marital property is divided based on what the court defines as ‘fair.” However, the factors that are considered by a court while they divide property may be slightly different in Ohio than they are in other equitable distribution states. The financial documents and other evidence that spouses will need to present to the court while a settlement is being worked out are also state-specific.

Depending on what kind of marital property is involved, a divorcing spouse may need to gather proof of income and expenses, proof of purchases and titles for physical property. If an individual believes that their soon-to-be ex-spouse is being dishonest during the asset division process, a lawyer may help investigate financial records.