Family Law

     A Dissolution is a court action when both parties agree they want to end their marriage, and can reach an agreement as to all issues. A Separation Agreement is prepared that sets out the terms of the division of assets and debts, child custody, child support, spousal support, etc. After both parties sign the Separation Agreement, it is filed with the Court and a hearing is held in six (6) weeks to finalize the dissolution.

     A Divorce is also a court actions, but occurs when the parties are not able to agree on the terms of their separation, or one party simply doesn't agree to terminate the marriage. The "Plaintiff" files a Complaint for Divorce in the Family Court, and the "Defendant" is served by certified mail or Sheriff. After the Defendant has been served with the Complaint, he/she has 28 days to file an Answer. At the time of filing of the Complaint, the Court sets up three (3) hearings - temporary orders, status call, and pretrial. After the Defendant files his/her Answer, the parties work to settle their issues and come to an agreement.

     The allocation of parental rights and responsibilities is based on the "best interests of the children". The Court encourages the parties to work together to come up with a plan that will work for them and their children. Shared Parenting is looked upon favorably by the Court. In a Shared Parenting Plan, the parents both retain equal legal rights about decisions for their children. Shared Parenting does not automatically mean that the parties share equal time with the children. If the parties are unable to come to an agreement about the children, the Court will appoint a "Guardian Ad Litem" which is an attorney. The Guardian Ad Litem's job is to investigate and eventually make recommendations to the Court regarding what plan would be in the child/childrens' best interests.

     Child support is determined pursuant to the Ohio Revised Code, Child Support Guidelines. It is based on the number of children and the combined gross income of the parents. The cost of medical insurance is also a factor, as well as daycare expenses. To calculate the amount of support a party would have to pay, the Court would apply the above numbers to the support schedule and a calculation would be made to determine the amount of appropriate support. The Court also has the discretion to deviate from the support amount under certain criteria.

     Unlike child support, there is no guideline calculator to determine spousal support. Spousal support (formerly known as alimony) is based on the number of years the parties have been married, the earning abilities of the parties, age, health, and numerous other factors.

No.    As long as the child/children are minors, the Court retains jurisdiction over all custody, visitation and support orders. Either party can petition the Court for a modification based on a "significant change in circumstances".

No.    This is a common misconception.