More than 50% of marriages end in divorce. There may be a stigma attached to the end of your marriage, but we see it as an opportunity to reclaim your life and move forward. When you are ready to leave your marriage, several details may need to be ironed out before you finalize your divorce.
Ensure you have our reputable Troy, Ohio, family law attorneys at Dungan & LeFevre by your side to protect your interests.
Call us at 937-339-0511 or fill out our online contact form to schedule your initial consultation today.
Do You Need A Lawyer To Get Divorced In Ohio
Technically, no, you do not. You do not need an attorney to obtain a divorce in the state of Ohio. However, there is an advantage to obtaining an attorney. Generally, this is a court process. You would be at a disadvantage in the event that the other party obtained an attorney. Generally, the divorce process involves a packet of domestic relations forms that both parties must complete, including an affidavit of financial disclosure.
If there are children, an affidavit of. child custody information, other affidavits, and are required by every court and the Ohio Supreme Court. From that initial filing, there’s usually a discovery process to determine the full disclosure of the parties’ assets and obligations. Then we would have pre-trials and settlement conferences, and determine whether a Guardian ad Litem needs to be appointed for the best interests of the children. So it is a long, protracted process that can be complicated.
If you have a divorce where you don’t have any children, and it’s a short-term marriage, and you guys have really not bought anything together, not developed any kind of marital property, you can probably do it on your own. However, the court likes to see attorneys because they keep the process moving. They keep the parties’ expectations in place and also provide guidance on what the court is really looking for in the equal distribution of assets and what is in the best interest of the children.
If you need to hire a family lawyer for your divorce, give us a call today at 937-339-0511 to start your case.
Divorce, Dissolution & Legal Separation in Ohio
Ohio law provides three ways for you and your spouse to end or alter your marriage: divorce, dissolution, and legal separation. Each option has different requirements, timelines, and levels of court involvement.
An experienced family lawyer can help you determine which process best protects your rights and interests now and in the future.
What Is a Legal Separation?
A legal separation is a legal action that does not end a marriage but allows the court to issue orders regarding the division of property, spousal support, and, if there are minor children, child support and parenting time.
You and your spouse remain married but live separately. When the court grants a legal separation, you both must follow the court’s specific orders.
What Is a Dissolution?
A dissolution is a legal action that is possible when you and your spouse mutually agree to terminate your marriage and reach an agreement on all issues regarding the division of assets, debts, support, and issues regarding minor children, if applicable.
Neither party has to prove grounds to end the marriage. Under Ohio Revised Code Section 3105.63, you must file a petition for a separation agreement with the court that will be included with your final divorce decree.
After the Petition for Dissolution is filed with the court, you must wait at least 30 days before the court can hear your case, and the court must hear your case no later than 90 days after the petition is filed.
At the hearing, the court will review the separation agreement, ask questions about assets and liabilities, and make sure you and your spouse understand and are satisfied with the settlement. If the court is satisfied that the agreement is fair, the court will grant the dissolution and order the separation agreement to take effect.
What Is a Divorce?
A divorce is a civil lawsuit to end a marriage when problems within the marriage cannot be resolved, and an agreement on all issues cannot be reached without the court’s intervention.
In a divorce, the court makes the final decision and issues orders on property division, spousal support, and any issues regarding minor children if the matter is not settled between the parties before the final hearing.
The Grounds for Divorce in Ohio
According to Ohio Revised Code Section 3105.01, you must meet specific grounds for divorce to move forward. Several available grounds could apply, such as:
- Gross neglect of marital duty
- Bigamy or polygamy
- Physical or emotional cruelty
- Adultery
- Fraudulent contract
- Habitual drunkenness
- Spousal incompatibility
- Spouses have been living separately without cohabitation for at least one year
- One spouse’s imprisonment
Notifying Your Spouse After Filing for Divorce
The court will serve the defendant by certified mail or hand delivery with a copy of the divorce complaint and a summons to appear in court. After the defendant has been served, the defendant must file an answer with the court within 28 days.
The defendant may also file a counterclaim seeking a divorce, and the plaintiff may file a reply. This is one reason it is important to have legal representation early in the process.
What Are the Ohio Residency Requirements When Filing for Divorce?
Before filing for divorce, you must meet the state’s residency requirements under Ohio Revised Code Section 3105.03. The spouse filing for divorce must be an Ohio resident for at least six months before filing the divorce complaint.
These residency requirements help protect one spouse when the other is attempting to file in another area, which may make it more challenging to participate in, respond to, or afford the divorce.
What Will It Cost to Get Divorced in Troy, Ohio?
The cost of a divorce in Troy, Ohio, can vary widely, depending on whether you are going through a divorce or a dissolution of marriage. It would be best if you were also prepared to pay court filing fees of $300-$400.
Fees could increase if your divorce involves minor children. If you cannot afford to cover court costs, these fees can be waived if your income is at or below the federal poverty level, according to Ohio Revised Code Section 2323.311.
Points of Contention to Settle In Divorce
Divorce is often messy. It can take months or years to work through the terms of a divorce settlement in some of the most contentious divorces. You should turn to an Ohio family law attorney to streamline the process.
They can help you with:
Distribution of Assets and Debts
One of the most significant issues spouses argue about is the distribution of their assets and debts. Ohio has equitable distribution laws, meaning marital assets should be distributed fairly between spouses.
While the default rule is equal distribution, this does not necessarily mean that assets and debts will be distributed equally; rather, they are distributed based on the case’s specific circumstances.
Some factors that will be considered when dividing marital property and assets equitably include:
- Whether one spouse contributed to the career or financial success of the other
- How long was the couple married
- Whether the couple shares minor children
- The liquidity of the assets and property
- Potential tax consequences
- Whether a separation agreement exists
- Your child custody plans
- The assets and liabilities of both spouses
Which Property is Considered Marital?
Before the division of your assets and property can be determined, it is crucial to identify which items are marital and which are non-marital.
In Ohio, any property acquired by either spouse for the duration of the marriage is considered marital property. However, anything brought into the marriage that was meant to remain the property of one spouse can be regarded as non-marital.
A divorce attorney can help you protect your assets.
Spousal Support
Spousal support is not automatically awarded in all Ohio divorces. Spousal support may only be awarded if one spouse cannot continue maintaining the same standard of living as before the divorce.
A judge will consider several factors when determining whether spousal support should be awarded and paid include the following:
- Both spouses’ standard of living while married
- Both spouses’ existing retirement benefits
- Both spouses’ income
- Both spouses’ expenses
- How long was the couple married
- Both spouses’ physical and mental health
- Both spouses’ earning capacity
- Both spouses’ education and job training
- The child custody agreement
- Whether one spouse contributed to the financial or career success of the other
- Potential tax consequences
Child Custody
In Ohio, parents have parental rights and responsibilities.
Spouses can work together to determine their parenting plan and visitation schedule, and set up a shared parenting schedule. However, if one parent believes the other poses a threat or risk to their minor child, sole custody or visitation could be awarded.
Ohio courts also have the authority to order parenting classes, counseling sessions, and other requirements under Ohio Revised Code Section 3109.053 before an order of parental rights and responsibilities as determined.
Child Support
Both parents have a financial obligation to their children, regardless of child custody or visitation plans. Generally, the parent with visitation rights will pay child support to the residential parent.
Some factors considered when determining whether child support should be paid and how much include:
- Whether the child has special needs
- Whether either parent is paying for the child’s extracurricular activities
- Whether either parent is responsible for paying for clothing, health insurance, or other necessary items
- Whether the child is working and earning a living
- The standard of living the child would have had if the marriage had not ended
- Whether one parent must pay necessary work expenses
Generally, child support is set at a minimum of $80 per month. However, this amount could be increased or decreased considerably, or even reduced to nothing, depending on the specific details of the divorce and what is in the children’s best interests.
Does It Matter Who Files For Divorce First In Ohio?
In Ohio, it does not matter which party files first. The process is the same in court, meaning that each party will ultimately have an opportunity to present their case on temporary orders.
If you file first, you’re in court first, but they generally won’t issue a temporary order without input from the other side. Both parties will file their documents, affidavits, and any other required materials with the Ohio Supreme Court and the local court. The court will then have a temporary orders process.
There is a filing fee for filing first, which is generally greater than the fee for responding, usually $ 3 to $500. So it may be a disadvantage to file first when money is tight. The temporary orders are really the linchpin of how the process is going to go, and that’s really the concept of how we’re going to interact with each other. See the children support the children through the process. So there is really no advantage to filing first.
If you need to hire a family lawyer for your divorce, give us a call today at 937-339-0511.
How to Settle the Terms of Your Divorce in Troy, Ohio
Reaching an Agreement During Divorce Proceedings
During the course of the divorce proceedings, your case may be settled if you and your spouse reach an agreement on disputed issues. When this occurs, a separation agreement is prepared, signed by each spouse, and filed with the court.
If you are unable to resolve one or more issues, those disputes are presented to the court at a final hearing. Our goal is always to resolve divorce matters through negotiation and settlement when possible, but we are prepared to litigate when court intervention is necessary.
Attend Mediation
Attending mediation is one of the top ways to work through the terms of your divorce settlement. Mediation may be your best opportunity to avoid having these decisions made for you.
When a mediator hears your case, the mediator will offer helpful suggestions and recommendations for resolving your disputes. Agreements reached through mediation need to be finalized by the judge to be valid.
Let a Family Court Judge Decide
If you cannot work through the terms of your divorce in mediation, you may need to go to trial, where a family court judge will hear both parties’ cases and make decisions regarding your specific points of contention.
Once the judge determines your child’s custody, spousal support, or property division plans, they can sign a “decree of divorce” or “decree of dissolution of marriage.”
Contact a Troy, Ohio Divorce Attorney for Help Today
Divorce can be one of the most challenging times of your life. With our compassionate and experienced Troy, Ohio, divorce lawyers at Dungan & LeFevre working for you, you’ll have the legal support you need to get through this challenging experience. Start working towards your divorce settlement today.
Schedule your no-obligation consultation and determine what is next for your divorce proceedings. You can reach us through our online contact form or by phone at 937-339-0511 to start taking back control of your life.