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Newark Property Division Attorney

In the termination of a marriage, Ohio is an "equitable distribution" state. This does not mean equal or even half, but rather what is deemed to be fair by the Court of Common Pleas.

Property acquired during the marriage is subject to distribution. In Ohio, "during the marriage" generally means the period of time from the date of the marriage through the date of the final hearing for divorce or for a legal separation. However, if the court determines that using either or both of these dates is inequitable, the court determines the dates that it considers equitable. Consult with an experienced lawyer regarding your unique situation today.

McCoy & McCoy, Attorneys at Law, are experienced Newark, Ohio, property division lawyers who can assist you in obtaining what you deserve in equitable distribution by employing thorough preparation, effective negotiation skills and aggressive representation in court when necessary.

There are three essential steps for completing the equitable distribution of marital assets: identifying each party's assets and debts, determining what is marital and what is nonmarital, and determining a fair value for each asset and debt.

Ohio And Licking County Marital Assets Attorney

Nonmarital assets include assets acquired before the marriage, assets acquired through inheritance or through a gift to one party, and assets excluded by a valid prenuptial agreement. Generally, all other assets acquired during the marriage are considered marital property and subject to Ohio's equitable distribution process.

Pensions and retirement accounts earned during the marriage, such as an employer-sponsored 401(k) or an IRA, are considered marital assets subject to equitable property division. Dividing these assets without liquidating them (and thus incurring a penalty) requires specific legal processes. You may require:

  • A qualified domestic relations order (QDRO) for 401(k) and other defined benefit plans
  • A division of property order (DOPO) for plans and accounts provided by government entities such as the State Teachers Retirement System (STRS) and Public Employee Retirement System (PERS)

Qualified And Highly Responsive

We have the background necessary to identify the issues and factors involved in retirement accounts, pension benefits, real estate and business valuation and other complex issues in order to protect your rights.

We also have experience negotiating the division of high net worth marital estates. In some instances, it is necessary to hire financial experts to perform complex valuation tasks. Whether we represent a stay-at-home spouse or a primary wage earner, we help our clients arrive at a fair and equitable distribution of property.

Call 740-345-4545 or use our contact form to schedule a free consultation in which we can assess the facts of your case, help you set realistic expectations and recommend the best steps to take next.

Carl McCoy Joe McCoy
McCoy & McCoy Attorneys At Law

McCoy & McCoy, Attorneys at Law
57 East Main Street
Newark, OH 43055

Phone: 740-345-4545
Fax: 740-345-3644
Newark Law Office Map

The office of McCoy & McCoy, Attorneys at Law, in Newark, Ohio, serves residents throughout central Ohio, including residents of Alexandria, Pataskala, Etna Township, Buckeye Lake, Johnstown, St. Louisville, Coshocton, Granville, Heath, Hebron, Kirkersville, Hanover, New Albany, Reynoldsburg and Zanesville. We assist residents of all cities and towns in Licking County, Coshocton County, Knox County, Perry County and Muskingum County.