Columbus Gray Divorce Lawyer
Divorce is difficult at any age. Getting divorced in Columbus, OH, when you’re over 50 can be one of life’s greatest challenges. You and your spouse built a life together and, years or decades later, have decided it’s no longer the best fit. It can pose significant financial and emotional challenges. Call Atkins and Atkins, Attorneys at Law, LLC, at (614) 485-8248 and let our Columbus gray divorce lawyers help you see it through.
We’re top-rated Ohio family attorneys with 30+ years of combined experience helping clients navigate life’s toughest challenges. Whether you’re seeking an amicable, uncontested dissolution or need help navigating complex property division and child custody process, we can provide the experienced, knowledgeable representation you need to achieve the best outcome.
Don’t hesitate to contact our law office today to schedule a confidential case review with our team.
Why Choose Atkins And Atkins, Attorneys At Law, LLC To Help With Your Gray Divorce Case in Columbus, OH?
When you’ve spent years with your spouse, your lives become closely connected—you share a home, finances, and often a family. Untangling those ties and moving forward in Columbus, Ohio, can be difficult. These complex issues require careful, focused handling. That’s why many people turn to the Columbus divorce lawyers at Atkins And Atkins, Attorneys At Law, LLC.
We’re award-winning Ohio trial lawyers recognized for excellence in family law by:
- Elite Lawyer
- Lead Counsel
- TrustAnalytics, and
- Super Lawyers
Our law firm has over 100 five-star reviews from clients we’ve helped in the past, all of which detail the compassionate, approachable service we provide.
When faced with uncertainty and grieving the loss of your marriage, you can trust us to offer the strength and support you need to move forward. We offer a confidential case review with a Columbus family law attorney. Contact our law office for assistance today.
What Is a Gray Divorce?
Divorce is the legal dissolution of a marriage. A gray divorce refers to a split between spouses who are over the age of 50. Couples seeking a gray divorce have often been married for years, even decades. As they grow older, and perhaps become empty nesters, they discover that they’ve grown apart or that the marriage just isn’t the best fit anymore.
In reality, a gray divorce isn’t all that different from a traditional divorce. Things just tend to be more complicated because the spouses’ lives are so intimately intertwined. In a divorce, several terms must be settled before a judge will sign off on the split – things like how property and debts are to be allocated, child custody if there are minor children, and whether alimony will be paid.
Unless both spouses in a gray divorce are on the same page and willing to make concessions, figuring out these terms and finalizing the divorce can be a challenging process.
What Are the Grounds for a Gray Divorce in Ohio?
Ohio allows divorce on both no-fault and fault-based grounds.
No-Fault Divorce
A no-fault divorce can be granted when both spouses acknowledge that they’re not compatible. Often, spouses live separately and apart without cohabitating for at least one year before filing for a no-fault gray divorce in Ohio. Again, both spouses must agree that the pair is incompatible.
A no-fault divorce generally won’t be granted if only one spouse argues that they don’t get along anymore.
Fault-Based Divorce
In Ohio, divorces can also be granted on one of nine fault-based grounds, including:
- Willful absence of a spouse for one year
- Adultery
- Extreme cruelty
- Fraudulent contract
- Gross neglect of duty
- Habitual drunkenness
- Imprisonment of a spouse in a state or federal prison when filing for divorce, or
- One of the spouses was married at the time the couple seeking divorce was wed.
Generally speaking, filing for divorce on one of these grounds doesn’t mean that the “adverse” spouse will experience negative effects during the split. However, evidence of domestic violence or extreme cruelty can necessitate protective orders and potentially affect child custody decisions.
How Is Property Distributed in a Gray Divorce?
Ohio is an equitable distribution state. Equitable means fair, but not necessarily equal. Spouses are encouraged to devise terms that divide up marital assets and debts so that each can walk away from the divorce with a reasonable share of the property.
Many disputes in gray divorce center on whether assets are considered separate or marital property.
Separate Property
Separate property belongs to one spouse and is not subject to division. This can include assets owned before the marriage, as well as gifts or inheritances given specifically to one spouse.
Separate property may include:
- Assets owned before the marriage
- Inheritances received by one spouse
- Gifts given specifically to one spouse
- Certain personal injury settlements (in some cases)
However, disputes can arise if separate property becomes commingled with marital assets.
Marital Property
Marital property generally includes all assets acquired during the marriage, whether tangible or intangible.
Marital property often includes:
- Wages, bonuses, tips, partnership revenue, dividends, and other income
- Retirement benefits
- Business interests
- Stocks
- Primary residence
- Vacation homes
- Vehicles
- Furniture
- Clothing
- Pets
- Luxury items
- Jewelry
Debts incurred by one or both spouses during a marriage are also considered marital property subject to equitable distribution. Both spouses must leave the marriage with their fair share of debt incurred during the union, such as a mortgage, credit card bills, or student loans (depending on when the loans were taken out).
It’s important to ensure that all assets and debts are disclosed and valued. That’s why our Columbus gray divorce attorneys work closely with financial experts and specialists – including forensic accountants – to ensure that all property is identified and subject to proper distribution during the divorce process.
How Does a Prenuptial Agreement Affect a Gray Divorce in Columbus?
A prenuptial agreement is a contract executed between spouses before their marriage. In it, the spouses provide specific instructions regarding property distribution if they ever divorce. As long as a prenuptial agreement (or postnuptial agreement) is legal, its terms can override Ohio distribution laws. Assets and debts would be divided in accordance with the prenup.
Prenups can be challenged, and that often happens when couples are married for a long time and their circumstances change. It’s important to have an experienced Columbus divorce attorney review any prenup that might affect your dissolution of marriage and help you figure out whether it’s in your best interests to fight for its application or dispute its validity.
Is Alimony Allowed in a Gray Divorce?
Spouses are legally expected to support one another during a marriage, and in many cases, one becomes financially dependent over time. This can make it harder to regain independence after a later-in-life divorce. Ohio allows spouses to seek alimony, or spousal support, to help the lower-earning spouse maintain stability after the divorce.
Depending on the situation, support may be temporary, set for a number of years, or long-term. Courts consider factors like the length of the marriage, each spouse’s finances, and contributions made during the relationship.
Can the Terms of My Gray Divorce Be Modified?
While a divorce is legally binding, the terms of that divorce – like alimony and child custody – can be subject to modification. Orders can be modified when a spouse experiences a significant change in circumstances that would warrant changing the legal agreement.
For instance, if a spouse paying alimony after a gray divorce lost their job or retired, they could petition the court to modify an existing spousal support agreement to reflect their newly reduced income. It’s important to note that intentional decisions to change your income or circumstances may not result in a successful modification of an order to pay financial support.
The courts don’t want to encourage spouses paying alimony to retire early to avoid their obligations. On the other hand, retiring for legitimate reasons – like an inability to continue working – can be persuasive.
Call Our Columbus Gray Divorce Lawyers For a Consultation
You should have a trustworthy, passionate legal advocate in your corner when you’re navigating a gray divorce in Columbus, Ohio. Families turn to Atkins And Atkins, Attorneys At Law, LLC because we’re honest, reliable, and achieve positive outcomes for our clients every day.
Our Columbus gray divorce attorneys offer a confidential case evaluation. Don’t hesitate to contact our law office to discuss your family law case today.
