Introduction to family law
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Introduction to Family Law. Divorce and division of property. Difference between “dissolution” and “divorce”. in a dissolution: the parties present their written agreement to the court, along with a petition asking the court to dissolve their marriage.

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Introduction to family law

Introduction to Family Law

Divorce and division of property

Difference between dissolution and divorce
Difference between “dissolution” and “divorce”

  • in a dissolution:

    • the parties present their written agreement to the court, along with a petition asking the court to dissolve their marriage.

    • The parties' agreement must address all issues relevant to their marital relationship, for example, child custody, visitation, and support, as well as property division, debts, taxes, and fees.

    • Then, the court must hold a final hearing acting on their petition between thirty and ninety days after it is filed.


  • a divorce:

    • is a lawsuit filed by one party against the other, asking the court to decide all matters pertaining to the marriage.

    • Even though one spouse may sue the other for divorce, most people reach an agreement without an actual trial.

    • If no agreement is reached, the court will decide all of the unresolved issues.

What happens to the property
What happens to the property?

  • The basic approach in Ohio is to determine what the parties' marital assets are, and then to divide them 50-50, even if one person earned more money than the other during the marriage - unless something very unusual has happened that would require the court to divide the property differently.

Continued. . .

  • Three types of property:

    • separate property, pre-marital property, and marital property

    • If either party claims that property is separate or pre-marital, the person making the claim must prove it.

Spousal child support
Spousal/ Child Support

  • The court may order spousal support in certain situations, for example, where one spouse or the other has not developed a career because of home responsibilities, or has failing health

  • Certain child support actions can be taken through your county's child support enforcement agency so that you do not need to retain a private attorney.

  • Also in some Ohio counties, a local Legal Aid Agency might be able to provide assistance, if you meet their income criteria.

Court s decision on matters concerning children
Court’s decision on matters concerning children

  • When called upon to decide matters pertaining to the children, the court must determine what is in "the best interest of the children.

    • 1) The wishes of the child's parents regarding his or her care,

    • 2) The child's interaction with other people who are important in his or her life,

    • 3) The child's adjustment to his or her home, school, and community;

    • 4) The mental and physical health of all persons involved in the situation;

    • 5) The parent more likely to honor and facilitate visitation and companionship rights approved by the court;

    • 6) Whether either parent has failed to make all child support payments, including all arrearages that are required of that parent pursuant to a child support order under which that parent is an obligor;

    • 7) Certain criminal convictions of parents.

In class activity
In class activity

  • Read the case study

  • Answer the questions

  • Post on wiki