Divorce is a complicated legal matter. It becomes extremely complicated when child custody is an issue. Ohio, being an equitable division state, has laws that convolute the seemingly simple process of property division.
When it comes to divorcing with children, the courts may decide that one spouse receives a disproportionate share of marital property. Mediation, as one of a few alternate dispute resolution methods, can offer both parents an affable alternative to letting the courts decide family fate.
According to state law, a divorcing couple’s marital property is subject to being disproportionately divided between the two parties if the court deems it fit. Courts will consider factors such as earning ability, child custody, and non-financial marital contributions when meting out property.
When a court is responsible for determining the future of children in a divorce, it will do what it thinks is best for the children, regardless of what either parent has to say. This can be for good reason, as in the case of an abusive or neglectful parent, to protect the children. The court will then determine what it deems to be an appropriate alimony for one parent to pay to the other to care for the children.
When it comes to property division, especially when children are involved, one spouse has the potential to lose much of their property and their rights to see their children. Mediated divorce is a means of settling divorce matters outside the court’s jurisdiction, retaining a large amount of personal control.
Parents who fear a seemingly unjust ruling by the court may choose mediation to resolve property distribution and child custody. Doing so will help them retain control of their future if they are able to cooperate with their counterpart in coming to a mutually beneficial arrangement.