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Divorce And Dissolution In Ohio

The decision to end a marriage is never an easy one. We understand this is a stressful time, and sometimes it’s sprung on you and you feel blind-sided. There are decisions which must be made about your and your family’s future that will have both immediate effects and long-term consequences. We can help you through this difficult time by negotiating the court system for you, negotiation on your behalf, and building your legal arguments, evidence and testimony that will help you make the best possible argument of your case to the judge.

When going through a contested divorce, it can often be difficult to separate your emotions from the process. That is normal. After all, this situation is happening to you, specifically, and it effects the most important people and things in your life. Our job as your legal counsel is to be the source of objectivity. We will keep our emotions out of it so you don’t have to. With Parks Legal, LLC, representing you, you can depend on receiving legal advice and representation that considers your goals, the facts of the case, Ohio divorce law, and our experience practicing in front of your judge to predict how they might rule in your case. This means you will always know your options and will be able to make the most informed decisions possible on settlement negotiations, trial strategy, and what to expect when the case is over.

What Is A Divorce?

To terminate a marriage, the parties must file with their local county domestic relations court to open a case. When the two spouses cannot reach an agreement on all the issues that must be resolved in a termination of marriage order, the only way to open the court case is to file a Complaint for Divorce., the parties must file with their local county domestic relations court to open a case. When the two spouses cannot reach an agreement on all the issues that must be resolved in a termination of marriage order, the only way to open the court case is to file a Complaint for Divorce.

A divorce case can accurately be described as a lawsuit. The person filing the complaint is saying “I want to terminate my marriage, but we have things tying us together and we can’t agree on how to split them”. Often, when the other spouse is notified of the lawsuit, they will respond by filing their own countersuit – they also want the marriage to end, and agree that they cannot agree, so they are also asking the court to weigh in. What follows is a long legal process involving hearings, temporary orders, exchange of information and documents, and, hopefully, settlement negotiations.

Ultimately, if settlement talks fail and the parties still cannot agree on terms, the court will hold a divorce trial. At this trial, both sides have the chance to submit evidence and testimony on why the court should decide the issues a certain way. The judge will write a court order deciding all the issues for the parties. Trials rarely make either side happy; it is far more effective to negotiate a settlement.

What Is A Dissolution?

Just like in a divorce, a dissolution is a court order terminating a marriage, issued by a domestic relations judge in the county court.

The key difference is that in a dissolution, the parties have reached a complete agreement on all the issues covered in a termination of marriage order. All asset and debt divisions have been determined, spousal support and tax issues have been resolved, and if there are minor children all aspects of parental rights, parenting time and child support have been written down in an agreed parenting order.

Instead of a complaint, a dissolution is started by a joint filing called a Petition for Dissolution. Everything has been signed by both parties. The court reviews the agreement (and other documents), and if they are accepted one hearing will be scheduled for the parties to give testimony proving they agree. At the end of that one and only hearing, the court grants the petition, and the marriage is terminated. Certainly easier, faster and cheaper than a full-blown divorce.

Divorce Law In Ohio

Divorce cases in Ohio are governed by an often-confusing combination of rules. The Ohio Legislature has passed a series of laws (statutes) that give us the basic rules of how divorce issues are decided. But just like in other areas of the law, court decisions in similar cases can create interpretations of those statutes that govern how future cases with similar facts are decided. On top of that, the Ohio Supreme Court has issued additional sets of rules that control how cases are handled in the courtroom. Finally, individual courts are entitled to issue local rules governing practice in their specific courtroom. It is important to understand how all of these different sets of rules interact with one another to influence the outcome of your case. An experienced divorce attorney can help you understand the rules, understand how the rules apply to your case and help develop the best possible strategy for reaching your goals.

Chapter 3105 of the Ohio Revised Code spells out the basic foundational rules that decide how divorce issues are handled.

If you are considering asking your spouse for a divorce, or facing a divorce filing from your spouse, it is vital that you hire an attorney who not only knows and understands all these rules but has actually put them to use in the courtroom. At Parks Legal, LLC, we can provide you with representation that not only has experience with divorce law in the courtroom but will also be able to speak on your behalf in settlement negotiations and advise you on whether an offer is good or bad when viewed against how the court would likely rule in a case with your facts.

Objections And Appeals

An objection to a decision typically refers to a formal challenge raised by one of the parties to contest a ruling made by the court. When the court issues decisions or orders regarding various aspects of the divorce, such as child custody, child support, spousal support, property division or other matters, either party may disagree with the court’s decision and may choose to file an objection.

An appeal in an Ohio divorce case is a legal process by which a party seeks a review of a trial court’s decision by a higher court. The purpose of an appeal is to challenge errors of law or procedure that occurred during the trial court proceedings. An appeal is not a retrial of the case but rather a review of the trial court’s decisions and rulings.

Post-Divorce Family Planning

Many people believe (or hope) they can simply move on after their divorce is finalized and forget it ever happened. That is often a mistake! After the marriage is officially terminated, it is wise to work with an attorney to update any estate planning documents, such as powers of attorney, wills and trusts, and to rename beneficiaries on your retirement and other financial accounts.

It’s important for individuals going through a divorce in Ohio to work with an experienced family law attorney to ensure that their interests are protected and that the terms of the divorce decree accurately reflect their agreements and the applicable laws.

What Is The Difference Between Legal Separation And Divorce In Ohio?

Legal separation in Ohio is a legal proceeding in which a married couple remains legally married but lives apart and agrees to certain terms and conditions, such as division of property, child custody and support, and spousal support. Legal separation is similar to a divorce in that it requires the court to issue orders regarding issues such as property division, spousal support, and child custody and support.

However, at the end of the legal separation process, the couple remains legally married and cannot remarry without first obtaining a divorce. Legal separations are rarely sought today and divorces/dissolutions are much more common.

Divorce, on the other hand, is a legal proceeding in which a marriage is legally dissolved, and the couple is no longer married. In a divorce, the court will issue orders regarding issues such as property division, spousal support, and child custody and support. Once the divorce is finalized, the couple is no longer legally married and can remarry if they choose to do so.

There are several reasons why a couple might choose legal separation over divorce. For example, they may have religious or moral objections to divorce, or they may want to remain married for legal or financial reasons, such as to maintain eligibility for health insurance or retirement benefits.

It’s important to note that the legal separation process can be complex. Anyone thinking about a legal separation should consult with an experienced family law attorney to ensure that their rights and interests remain intact throughout the process.

What Are The Steps Of A Contested Divorce?

When spouses cannot come to an agreement on key issues, court intervention may be necessary to resolve these disputes. Understanding the process can help you prepare for what lies ahead during this challenging time:

Initial filing: This includes the complaint itself, as well as affidavits and motions.
Temporary orders hearing: Temporary spousal and child support orders are issued.
Discovery and depositions: At the courthouse, the unsettled issues are laid before the judge. There will be no final ruling.
Pretrial(s): At any time, the parties may sit down outside of the court and try to reach a settlement without the involvement of a judge. It’s never too late for a settlement, even on the day of the trial.
Settlement conference: If no settlement is reached, a trial must take place. This is a full trial with opening and closing statements, and witnesses called.
Trial: Per the decree, assets are now split. Sometimes, this includes drafting documents such as a QDRO.

While contested divorces can be lengthy and emotionally taxing, having experienced legal representation throughout each step can help protect your interests and work toward the most favorable outcome possible.

How Long Does It Take To Get A Divorce In Ohio?

The length of time it takes to get a divorce in Ohio can vary depending on a variety of factors, including the complexity of the case, whether the divorce is contested or uncontested, and the court’s schedule. In general, if the divorce is uncontested and there are no significant issues to resolve, the process can be relatively quick.

In Ohio, there is a minimum waiting period of 30 days from the date of filing before a divorce can be granted, or 42 days from the date of filing before the granting of the dissolution. Normally, it can take up to several months to complete and finalize the divorce. If the divorce is contested, meaning that the spouses cannot agree on the terms of the divorce, the process can be much longer and more complex. In these cases, the court may need to schedule hearings to address the contested issues, which can add significant time to the process.

It’s important to note that every divorce case is unique, and the length of time it takes to finalize a divorce in Ohio can vary widely depending on the specific circumstances of the case. An experienced family law attorney can provide guidance and help navigate the divorce process to minimize delays and ensure the most favorable outcome.

What Are The Grounds For Divorce In Ohio?

In Ohio, a spouse can file for divorce on either a “fault” or “no-fault” basis. The most common ground for divorce in Ohio is incompatibility, which means that the spouses have experienced irreconcilable differences and the marriage has broken down without the possibility of reconciliation.

A spouse may file for divorce on fault grounds if they can prove that the other spouse engaged in certain types of misconduct during the marriage. Fault grounds in Ohio include:

Either spouse was already married at the time of getting married to the current spouse
Adultery
Extreme cruelty
Willful absence of one year
Fraudulent contract
Habitual drunkenness
Gross neglect of duty
Imprisonment of the other spouse at the time of filing for divorce

It’s important to note that if a spouse files for divorce on fault grounds, they will need to provide evidence to support their claim if the other party contests those grounds, which can make the divorce process more complex and costly. Additionally, fault grounds may not necessarily impact the division of property or the award of spousal support, as Ohio is an equitable distribution state, and the court will consider a variety of factors in determining a fair division of assets and debts.

What Happens To Marital Property In Ohio Divorce Cases?

In Ohio, marital property is subject to division in a divorce case. This is generally defined as property or assets acquired by either spouse during the marriage, regardless of whose name the property is in. This includes things like the marital home, bank accounts, retirement accounts, investments and personal property.

Ohio is an equitable distribution state. This means that courts divide marital property in a fair and equitable manner, but not always equally. The court will consider a variety of factors when making a property division determination, including:

The duration of the marriage
The assets and liabilities of each spouse
The income and earning capacity of each spouse
The contribution of each spouse to the acquisition, preservation or appreciation of marital property
The standard of living is established during the marriage
The tax consequences of the property division
Any other relevant factors

It’s important to note that separate property, which is property acquired by one spouse before the marriage, or property acquired by one spouse during the marriage by gift, bequest, devise or descent, is not subject to division in a divorce case unless the other party can prove that the separate property has been “commingled,” meaning used by both parties for the benefit and enjoyment of the marriage.

The court has broad discretion when dividing marital property, and the outcome of a property division determination can have significant financial consequences for both spouses. It’s recommended that anyone going through a divorce in Ohio consult with an experienced family law attorney to ensure that their rights and interests are protected throughout the process.

Can A Spouse Be Awarded Alimony In Ohio?

Yes, a spouse may be awarded alimony, also known as spousal support, in Ohio. Spousal support is intended to provide financial support to a spouse who is economically disadvantaged or unable to support themselves following a divorce.

The court may award spousal support based on a variety of factors, including:

The income and earning capacity of each spouse
The standard of living established during the marriage
The duration of the marriage
The age, health and earning ability of each spouse
The contribution of each spouse to the education, training or earning capacity of the other spouse
The assets and liabilities of each spouse
The tax consequences of the spousal support award
Any other relevant factors

In Ohio, there are several types of spousal support, including temporary, rehabilitative and permanent spousal support. The court will consider the specific circumstances of the case when determining the type and amount of spousal support to award.

It’s important to note that spousal support awards are not automatic and are based on a case-by-case analysis. The outcome of a spousal support determination can have significant financial consequences for both parties, so it’s recommended that anyone going through a divorce in Ohio consult with an experienced family law attorney to ensure that their rights and interests are protected throughout the process.

Get Help For Your Divorce

The right support is crucial during a tough divorce. Our firm is ready to stand by your side during this ordeal. You can reach out to us over at Parks Legal, LLC, by calling 614-427-0426 or sending us an email. We are here to listen to your story.