Ohio law provides three ways for you and your spouse to end or alter your marriage: Divorce, Dissolution and Legal Separation.
Dungan & LeFevre’s family law attorney Matthew C. Sorg can help you navigate these processes in a way that best protects your rights and interests now and in the future. To set up a consultation, call us in Troy at (937) 339-0511 or contact us by email. We advise and represent clients throughout the Miami Valley and Ohio.
When Do You Use A Family Lawyer?
A common question is, when do you use a family lawyer? The aspect of that is when there’s uncertainty in the marriage, meaning, is there a situation where we need to start addressing maybe the end of that marriage and what comes after that? There’s no advantage in the state of Ohio to filing first. Sometimes a slight disadvantage in that you have to pay the filing fee. But the process of a divorce is the filings, a lot of forms have to be completed by the parties, and then we have a temporary order process where we really lay out the rules of what’s going to happen during the divorce. In a juvenile court action, if there are issues with the parenting, with how the people are interacting, the parties interacting, it’s a fair time to do that pretty quickly. So you can lay out the guidelines for each parent on custody and on parenting time.
If you need to hire a family lawyer for your divorce, give us a call today.
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.
How Long Do You Have To Be Separated to Get A Divorce In Ohio?
In Ohio, there is no need to be separated to obtain a divorce. It’s very common, it’s not always the best idea, but it’s very common for parties to still be in the same household through the divorce action. Generally, separation is one of the grounds for divorce. There are gross neglect to duty, there’s adultery, there’s extreme cruelty, and there’s incompatibility are usually the ones that we see most often. Grounds for divorce are just the reason that the court would grant a divorce. It does not provide any more compensation or moving the meter on the property division. There is no requirement to be separated. Again, it’s just one of the elements the court looks at is why do we need to get a divorce?
If you need to hire a family lawyer for your divorce, give us a call today.
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.
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 into effect.
What Is A Divorce?
A divorce is a civil lawsuit to end a marriage when the problems within a marriage simply 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 about property division, spousal support and any issues regarding minor children in the event the matter is not settled between the parties prior to the final hearing.
Filing For Divorce
A divorce starts when one spouse (the plaintiff) files a complaint with the court. The plaintiff must have a reason why the divorce is being filed and eventually prove the reason for the divorce. Discuss with your attorney why you believe your spouse’s behavior justifies filing for divorce.
What Is The First Step To Filing a Divorce In Ohio?
The first step in filing a divorce in Ohio is communicating with a legal professional, meeting with an attorney, finding out your rights and obligations, both in your assets and obligations, and the parental rights responsibilities generally. That attorney will guide you through that process, will give you forms to complete. Then you will find out which path is the best for you, whether a dissolution, where everybody agrees to things, or a divorce will be the more likely outcome. So it’ll be a series of forms that is completed for the county in which you reside. Then there will be a document prepared by that attorney, usually a complaint for divorce, for going that route, in order to bring the court into the case to assist in the division of the assets and obligations and determination of best interests of any children in the marriage.
If you need to hire a family lawyer for your divorce, give us a call today.
Notifying Your Spouse
The court will serve the defendant by certified mail or hand delivery with a copy of the complaint and a summons to appear in court. After the defendant has been served with the complaint, the defendant must file an answer with the court within 28 days. The defendant can file a counterclaim requesting a divorce, and the plaintiff can file a reply to answer the counterclaim.
Reaching An Agreement
During the course of the divorce proceedings, your divorce might be settled by you and your spouse in the event you reach an agreement. When this occurs, a separation agreement is prepared, signed by each spouse, and filed with the court. If you and your spouse are unable to resolve one or more of your disputed issues, those issues are presented to the court at a final hearing. The court will review the evidence presented and issue a ruling based on Ohio law. Our goal is always to resolve your case through negotiations and settlement conferences. However, if court intervention is necessary, our attorneys are experienced litigators with the knowledge and skills to bring any case to trial.
Complex Litigation
Whether your divorce is simple or complex, the attorneys at Dungan & LeFevre are ready to seek the results you need. If your case involves a marriage lasting more than 20 years, a business, an inheritance or a substantial gift, it is crucial that you obtain the right advice and work with an experienced Domestic Relations & Family Law attorney. Dungan & LeFevre is committed to addressing the specific needs of each client and will develop targeted legal strategies for the unique circumstances of each case.
Dungan & LeFevre’s attorney Matthew C. Sorg practices in the field of Domestic Relations and Family Law, and is available to discuss your legal issue with you at your convenience.
Contact Us
To set up a consultation regarding your goals and concerns, please call (937) 339-0511 or complete our contact form. We have offices in Troy and represent clients throughout Ohio.