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lwpat
lwpat, Attorney
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Experience:  Actively practicing trial attorney
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been married a little over 9 years by husband wants an dissolutionment.

Customer Question

been married a little over 9 years by husband wants an dissolutionment. What am I entitled to according to ohio law?
Submitted: 4 years ago.
Category: Legal
Expert:  lwpat replied 4 years ago.
Here are the grounds

No Fault (Dissolution of Marriage):
(A) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;

(B) Incompatibility, unless denied by either party.

You are entitled to an equitable division of the marital estate. Alimony may or may not be awarded. Here are the factors.

In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors: (a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed (b) The relative earning abilities of the parties; (c) The ages and the physical, mental, and emotional conditions of the parties; (d) The retirement benefits of the parties; (e) The duration of the marriage; (f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home; (g) The standard of living of the parties established during the marriage; (h) The relative extent of education of the parties; (i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties; (j) The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party's contribution to the acquisition of a professional degree of the other party; (k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought; (l) The tax consequences, for each party, of an award of spousal support; (m) The lost income production capacity of either party that resulted from that party's marital responsibilities; (n) Any other factor that the court expressly finds to be relevant and equitable. (Ohio Code - Sections: 3105.171)

Usually it is best if the two of you can reach an agreement to be entered in the court.
Customer: replied 4 years ago.
that doesnt give me much? is there a formula the courts go off of? On average what is expected?
Expert:  lwpat replied 4 years ago.
There is no set formula since each case is different and it depends a lot on the ability of your attorney to negotiate the best deal for you. A local attorney can look at your facts and give you an opinion.

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