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Divorce Serving Columbus and Central Ohio Since 1977

Columbus Divorce Lawyers

Helping Clients Throughout Central Ohio | Franklin County & Columbus

Our Columbus Divorce Service

We recognize that every Ohio divorce case is unique, which is why we take a personalized approach to every client we represent. Our Columbus divorce lawyers take the time to listen to your concerns, understand your goals, and tailor our legal strategies to meet your specific needs.

Comprehensive Divorce Services

Our firm offers a wide range of divorce-related services, including:

Choose Our Experienced Ohio Divorce Lawyers

Whether your divorce is amicable or contentious, our team is prepared to advocate for your rights and interests every step of the way. We are skilled negotiators and litigators who will work tirelessly to achieve the best possible outcome for you and your family.

While Ohio law provides a framework for property distribution in divorce, there is still significant room for flexibility. Does this flexibility work for a spouse or against them? The answer to that question will rely heavily on the quality and experience of the domestic relations lawyer representing them.

People throughout Central Ohio have relied on Kemp, Schaeffer & Rowe for over 45 years. With our team of Columbus divorce attorneys, backed up by a talented and dedicated staff, we have the knowledge and resources to fight for the settlement that our clients are entitled to under Ohio divorce law. 

Call (614) 665-5833 or reach out online to set up a consultation with a divorce lawyer near you.

 

Who Receives the Property in an Ohio Divorce? 

Before dividing the assets, it is necessary to classify an asset as either separate or marital property. There is a presumption that all property owned by the spouses is marital property. The exception is separate property. Marital property is divided between the parties in a divorce, while separate property is not usually divided, except in the case where a party has committed financial misconduct.

The distinction between separate and marital property is relatively straightforward. Property owned before the marriage is considered separate, while property acquired after the marriage is considered marital. Gifts and inheritances may be considered separate property, even if they were received during the marriage.  This will depend on the ability of the spouse asserting the claim of separate property to trace the property owned before the marriage, the gift, or inheritance and the passive growth or appreciation as to whether that spouse will be successful in being awarded his or her separate property by the court. Settlement negotiations can also turn around this distinction of marital versus separate property.. 

Determining what constitutes separate or marital property can be more complex than it initially appears. For instance, a 401(k) account belonging to one spouse may be considered separate property since it was obtained before the marriage. Still, any funds contributed after the marriage and the passive growth on those funds can become marital property. Similarly, a house owned by one spouse prior to the marriage may become marital property—at least partially--if a mortgage is paid or significant renovations are made during the marriage which increase the home's marital equity or fair market value. Tracing and proving these values to a court or to the other spouse’s attorney requires an awareness and sensitivity to these issues, which are regularly litigated by our attorneys

To determine which portion of an asset is separate or marital property, it is essential to analyze each asset's value thoroughly. This process requires asking the right questions, which is where the leadership of an experienced domestic relations attorney is invaluable. At KSR, we understand how to navigate complex asset division matters and ensure that our clients' interests are protected.

How Is Property Distributed in an Ohio Divorce? 

Once all the property is defined, it must be distributed according to Ohio's equitable distribution laws. Separate property is returned to its original owner. However, marital property is subject to more complex rules.

It is important to note that equitable distribution does not necessarily mean an equal 50/50 division of marital property. Instead, it refers to a fair and just division of assets. While a 50/50 split may be considered the most equitable outcome in many cases, the more flexible terms of equitable distribution allow for several different possible outcomes and plenty of room for negotiation.

If the case goes to court, the power to define what is equitable will fall to the presiding judge. Our domestic relations lawyers strive for a negotiated settlement, but we don’t shy away from making an effective case in court when it’s necessary to protect the best interests of our client. 

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Five-Star Client Testimonials

In Their Own Words

At KSR Legal, we prioritize your experience, and it shows. Read some of our client reviews below, or call us at (614) 665-5833 to get started.

    "Fantastic Experience!"

    Steve is great and willing to help in any way he can!! Suzette doesn't skip a beat, and keeps it all on track!!!

    - Heather L.
    "Highly Recommended!"

    We couldn't be more thankful. Steven definitely made the process very easy and as stress-free as possible.

    - Maria J.
    "Top-Notch Service!"

    KSR is amazing and they are my go-to lawyers!

    - Don B.
    "A Great Experience"

    I was very pleased with Mr. Yarmesch, He stayed in contact with me, and returned my phone calls and emails promptly. Most importantly he negotiated a satisfactory outcome.

    - Former Client
    "The Best Family Law Attorney!"

    Matthew is very professional & knowledgeable. He has helped me in many ways with obtaining shared parenting with my child. He is very professional with time management of deadlines in all cases and really is a overall great attorney to hire for all fam

    - Former Client

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Serving Clients Throughout Central Ohio

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