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If a couple only has one significant asset (like a house or car), then that asset may need to be sold so that each spouse can receive an equitable portion of the proceeds from the sale.Which spouse gets to keep the family home is one of the most contentious issues in many divorces.In addition, if any issue in your divorce starts to look like it might possibly end up going to court, you will likely have to hire a separate attorney anyway.
In a “no-fault” divorce, either spouse can seek to end the marriage if the parties have been “living separate and apart for one year without interruption and without cohabitation,” and if both spouses agree (or neither disputes) that they are incompatible. The fault-based grounds for divorce in Ohio include: adultery, fraudulent inducement to marry, extreme cruelty, gross neglect, habitual drunkenness, imprisonment, and willful absence for more than one year, Should I file for a fault-based divorce or a no-fault divorce?
But, there are often several options available before it comes to selling the family home.
Whether you are entitled to alimony (also referred to as “spousal support”) will depend on the specific circumstances involved in your divorce.
For a no-fault dissolution, you can file if either you or your spouse has lived in Ohio for at least six months. You can file for divorce in Ohio if your spouse lives in another state. Today, only 10 states still apply rules of community property: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
In Ohio, divorcing spouses’ marital property gets divided according to the rules of equitable distribution.
While it is technically possible to have one attorney represent both spouses in a divorce, we generally don’t recommend it.