What Happens When Divorce Gets Expired?
Military spouses have certain unique benefits when it comes to seeking a divorce. They are not subject to the same residency requirements as civilian couples. They are not limited in time and can file divorce papers as soon as they wish. And they have a lot more latitude in how they choose to obtain their divorce papers and how they fill out the petition forms.
Military members have extra access
to free family legal help services through legal aid offices. In a typical divorce, a supporting spouse and enlisted member will need different lawyers to guide them to make sure both parties get confidential and independent advice and also to prevent any potential conflicts of interest. It is very easy for a spouse in the military to be overcharged or receive lower compensation than the spouse with custody rights. Military attorneys can advise spouses on how to preserve the separation agreement and avoid future difficulties. But the legal services that the military offers may be limited.
Those married in Ohio have two choices in the divorce proceedings:
There is community property or marital property. The word community property is often used in non-neural marriage records, and divorce papers. When it comes to Ohio divorce courts, community property is property accumulated during the marriage that passes down to the surviving spouse (usually). Marital property is any real or personal property accumulated during the marriage, that the surviving spouse will maintain and benefit from after the death of the other. Ohio family law courts use community property to divide the marital assets equally.
The division of Ohio divorce property
is based on “equitable share”. “equitable share” means how much each spouse has contributed to the marital property. The courts may also take into consideration each spouse’s net income and determine which spouse is more able to pay for the divorce. If the assets cannot be divided evenly, the court may require one of the spouses to pay the expenses and other charges that are involved with the property division. In the case of a divorce where there are no children or spousal support involved, the court is likely to favor the spouse who can retain the home and other valuable assets.
The court will appoint an administrative judge
or family court judge, who will hear and decide the case. An attorney may represent either party. It is important to understand that the courts do not offer legal advice. If you need legal advice regarding your particular divorce, consulting an attorney is the best place to start. The courts assume that both parties have reasonable knowledge about the facts of the divorce case. An attorney can present information to the court during the administrative review that can influence the court’s decision.
During the asset and debt division
the court is looking to identify how the assets and debts were accrued during the marriage. The party filing for divorce must provide sufficient information to the court to prove their claim. Failure to properly identify the marital assets or sources of debt can cause the court to disregard the claim. The court will determine which party has access to the marital property and any monies based on who has access and who is responsible for the debts. The court will also take into consideration the fair market value of the party’s marital property at the time of the filing. Finally, the court will determine what is marital property and any accumulated debt that must be divided among the two parties.