The end of a marriage can be difficult for any couple, but same-sex couples in Ohio can face some unique legal challenges. The legal history of same-sex marriage still impacts current divorce cases, especially when relationships started long before gay marriage was legalized.
If you’re considering ending your marriage through traditional divorce near West Chester, Mason, or Hamilton, Ohio, it’s important to understand how a dissolution of marriage could benefit you more. This article will look at the laws for dissolving a marriage and the issues that same-sex couples often encounter. If you need an experienced Ohio divorce attorney familiar with same-sex dissolution of marriage laws, call Garretson & Holcomb, LLC, today.
Dissolution vs. Divorce in Ohio
Traditional divorce is when the court intervenes to make decisions about the division of property or the terms of child custody. The process is usually contentious, expensive, and lengthy, and neither person entirely agrees with the final decisions. Dissolution of marriage, on the other hand, is a process where both parties agree on all terms of the separation before filing. It requires amicable communication and negotiation, which can lead to quicker resolution, reduced stress, and lower costs.
Same-Sex Marriage in Ohio
In 2015, the U.S. Supreme Court legalized same-sex marriage nationwide, including in Ohio. However, many same-sex couples had established long-term relationships and shared significant assets long before their marriages were legally recognized. This creates unique challenges when dissolving these marriages because the lines of personal property and marital assets are particularly blurred. When same-sex couples use traditional divorce, courts may struggle to fairly evaluate the contributions each partner made before their relationship was legally recognized.
The Division of Assets in Ohio Marriage Dissolution
In an amicable dissolution of marriage situation, each partner would outline their financial contributions to the relationship by providing a comprehensive list of financial documents that trace the history of their assets. An attorney experienced in marriage dissolution can help gather bank statements, investment accounts, property deeds, and any other documents that show asset ownership and contributions over time. When organized and presented effectively, these documents assure the court that the couple’s agreements about their assets represent a fair and equitable division of property.
To that end, it’s also essential that the couple considers the non-financial contributions that either spouse made, as well as the income and asset histories. The court understands that tasks like homemaking, childcare, and supporting a spouse’s career significantly impact the family’s overall well-being and success. If one spouse worked while the other cared for children and managed the housework, the spouse without personal income is still entitled to an equal split of the family’s assets. When you present your separation agreement for approval, it needs to show that both financial and non-financial contributions were considered when dividing the assets.
In addition to dividing assets, separating couples must address the division of debts, including mortgages, car loans, credit cards, and any other financial obligations they acquired during the marriage. The separation agreement needs to include how these debts will be managed and paid off.
Important Considerations Beyond Asset Division
Dividing marital assets fairly and equitably is just one of the decisions a same-sex couple must come to when preparing a separation agreement for a dissolution of marriage. Another crucial part is figuring out child custody and parenting time. The contract must detail where the children will live, visitation schedules, and how holidays and vacations will be divided. It must prioritize the children’s best interests by considering their needs and maintaining their stability and routine. An experienced Ohio divorce attorney can help draft a comprehensive parenting plan that addresses these factors and any potential future changes.
Equally important is establishing a child support arrangement that covers the costs of raising the children, such as education, healthcare, and daily living expenses. The goal is to ensure that the children’s needs are met and that both parents contribute fairly regardless of the custody plan. If one parent cares for the children most of the time, the other parent is expected to pay support. If the parents share equal custody, the person with the higher income will pay support to maintain the children’s quality of life at each home.
Spousal support, also known as alimony, is another consideration. It helps ensure that both parties can maintain a similar standard of living after the divorce, regardless of their personal jobs or income. The amount and duration of spousal support depend on various factors, including the length of the marriage, each spouse’s financial situation, and their economic and non-economic contributions to the marriage. Modern alimony decisions are designed to reintroduce the spouse to the workforce through education or job training programs.
If one spouse has been providing health insurance for the family, arrangements need to be made for continued coverage. The couple can arrange separate policies, or the employed spouse could continue to cover the other person for an agreed-upon amount of time. Considering these details in the agreement helps prevent gaps in coverage and ensures that any children involved remain protected as well.
Experienced Divorce Attorneys Can Help
The decisions and considerations involved in same-sex marriage dissolution can make the process seem overwhelming, but a family law firm familiar with same-sex divorce laws can simplify the process.
A dissolution of marriage is a more peaceful and less expensive option than a divorce, which limits the negative impact on your family. It’s for couples who can reach amicable agreements on all the big decisions a divorce court requires. Couples must agree on a fair division of assets that considers their history and each person’s contributions. Those who have children must decide on custody and parenting time, as well as a child support plan that’s in the child’s best interests and meets the standards of the court. One-income households must make plans for alimony payments and healthcare coverage so partners who depend on them can get back on their feet.
Garretson & Holcomb, LLC is committed to providing compassionate and knowledgeable representation to all our clients. We ensure that same-sex marriage dissolution cases consider the actual start of your partnership, not just the date it became legally recognized. Contact us today at (513) 863-6600 to protect your rights throughout the process.
