In 2015, the landmark Supreme Court ruling in Obergefell vs. Hodges struck down Ohio’s ban on same-sex marriage. This ruling changed the landscape of marriage for thousands of couples, helping families across the nation secure equal rights as it pertains to marriage. With this right to marriage comes the right to divorce, making family law services necessary for many same-sex couples across the state.
At Zukowsky Law, we are well-positioned to fill this need by providing compassionate legal representation to same-sex couples pursuing divorce in Ohio. Our same-sex divorce lawyers possess the skill and experience required to uphold your rights and interests during every step of the process. Contact us today to discuss your next steps and begin planning for your future.
There are two different processes available to Ohio couples to terminate a marriage. If the couple is able to reach mutual agreements regarding the terms of their separation, they may pursue dissolution. This is an ideal option for couples who have been separated and have had time to heal some of the emotional wounds associated with the end of the marriage. This process requires that couples can reach agreements amicably, through peaceful negotiation.
On the other hand, if there are issues that cannot be agreed upon, the traditional Ohio divorce process must be utilized. In these cases, the court will oversee the majority of decisions made and make determinations regarding the key issues in a divorce. This process is often more time-consuming and costly than dissolution. Consider visiting with the dedicated and compassionate same-sex divorce lawyers at Zukowsky Law, who can provide greater detail regarding which process may be most beneficial for your situation.
Since the ruling in Obergefell vs. Hodges confirmed that every couple in the country has the equal right to marriage, it follows that every couple will now face the same legal issues during the divorce process. Every divorce is unique, however, and no two couples will experience the same issues during the termination of their marriage. The following are common issues that may arise during your divorce.
During a divorce, all the property and assets that you and your spouse owned together must be divided equitably. There are a range of factors that are taken into account when dividing property and assets, including the financial contributions of each spouse and the length of the marriage (Section 3105.171 of the Ohio Revised Code).
Numerous same-sex couples have chosen to expand their family by having or adopting children. In other cases, one or both spouses brought children into the marriage from prior relationships. Whatever the circumstances, it will become necessary to determine how custody of these children will be shared following the divorce. The court will look at a range of factors to determine child custody, including:
Child custody issues are one of the most common causes of disputes during a divorce. These issues are often emotionally sensitive and require extensive negotiation to reach an agreement. For this reason, many couples seek assistance from a compassionate Ohio same-sex divorce lawyer that will listen to them, and help them understand all of their legal options. The attorneys at Zukowsky Law help our clients file for an order of shared custody or to negotiate an agreement that otherwise represents the best interest of the child(ren).
Like many other states, Ohio has moved away from the idea of visitation. Individuals do not visit their children, they parent them. Therefore, with the exception of extreme circumstances, Ohio courts typically determine that it is in the best interest of the child to have consistent contact with both parents after a divorce.
When parents both have custody of their children following a divorce, this is known as shared parenting. In these situations, it is necessary to create a detailed and specific plan for how all decisions will be made regarding the care of the child and how physical custody will be split between both parents. When parenting time is shared, both parents have the right to make key decisions related to the medical care, schooling, religion, and extracurricular activities of the child.
Every parent has a legal obligation to financially support their children. Based on your child custody agreement, the parent who receives primary custody may also receive child support payments to provide financial assistance for the care of the child. The amount of child support will depend on several factors, including the cost of childcare, medical expenses, education-related costs, and the standard of living that the child had throughout the duration of the marriage. The Ohio Department of Job and Family Services offers an online tool to estimate each parent’s child support obligations.
In situations where one spouse is unable to achieve financial independence either during the divorce proceeding or following the end of the marriage, spousal support (also called alimony) may be awarded. The courts will use several factors to determine spousal support, including the length of the marriage and the earning capacity of each spouse. Spousal support can be either temporary, ending once the divorce is finalized, or permanent, continuing for a specified amount of time after the divorce.
Divorce is often a difficult and emotionally draining experience. Having an experienced, compassionate, and dedicated Ohio same-sex divorce lawyer working to represent your legal and financial interests during the process can help to avoid common challenges, and can help ensure that your divorce proceeds smoothly and peacefully as possible.
At Zukowsky Law, we have worked with numerous same-sex couples to navigate divorce and secure the most ideal outcome for their family and loved ones. To learn more about how we can help, consider contacting our Cleveland office at (216) 800-5529 today.
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