In any Cleveland divorce, there are bound to be issues that most divorcing couples must litigate. Issues over who is awarded what assets, where children are to primarily reside, and what amount of spousal support is necessary are present in a majority of divorce cases. But each divorce is unique, and interesting questions about how certain assets or property should be treated can arise.
How is a Family Pet Treated in a Divorce?
For instance, with the majority of households in the United States owning at least one pet, divorcing couples sometimes wonder how the court will treat a family pet in a divorce. Unlike some pieces of property, a court is not likely to entertain a request by one party to sell or dispose of the pet. Instead, the court will assign the pet a value and split the value of the pet between the parties. For example, suppose a couple has a family dog that the court determines has a value of $100. One of the parties will be awarded the family pet, while the other party will receive something of a $100 value.
Is an Annulment or Separation Available to Me?
For personal or other reasons, sometimes one spouse or another wonders if an alternative to divorce – such as legal separation or annulment – is available to them. A legal separation is available to couples who wish the court to decide some of the same issues (property division, spousal support, etc.) but who do not want the court to enter a divorce. In other words, at the end of a legal separation, the parties are still married even though the court has gone through a process very similar to the process it follows in a divorce case.
Annulments are available in very limited circumstances. An annulment is essentially a declaration that the marriage was not ever valid and thus the parties were never legally married. Where one party is underage at the time of the marriage, if the marriage was never consummated, if one of the spouses was still married to someone else, or if one spouse forced or defrauded the other spouse into entering the marriage, an annulment is available. However, if the spouses continue as a married couple after learning of these things, an annulment may no longer be available.
Providing for the Children’s College or Other Expenses
While divorcing parents may wish to ensure their children are provided for, the court will not enter orders forcing one parent to pay for college or other similar expenses. But parties are able to enter into negotiations during the divorce process and agree how these sorts of expenses are to be handled.
If you are considering a divorce and have special circumstances or concerns, be sure to share them with us during your free initial consultation. Contact us today at (440) 336-8687.