Divorce

Divorce In Ohio

John L. Heilbrun has over 30 years of experience helping clients with family and marital law problems including divorce, dissolution, Collaborative Divorce (Collaborative Law), Child Custody, Shared Parenting, Spousal Support/Alimony, Property and Debt Division, Paternity cases and Post Decree problems.

With conveniently located offices in both the Hyde Park and Blue Ash areas of Cincinnati, John Heilbrun offers representation to people experiencing such problems in Hamilton, Butler, Clermont and Warren Counties.

There are two primary ways in which a marriage can be terminated in Ohio. One way is Dissolution and the other is Divorce. The Divorce process is initiated by the filing of a formal Complaint in the Domestic Relations Court of a County where venue is proper. In most cases, this will be the County in which the Plaintiff resides.

Technically, Ohio requires that "grounds" exist for the Court to grant a Divorce. Such grounds include, however, incompatibility (if not denied by either party) and living separate and apart without interruption or cohabitation for a period of one year or more. There are a number of other statutory grounds for Divorce including "gross neglect of duty," which encompasses a variety of different situations. Whether sufficient "grounds" exist for the Court to grant a Divorce, is very rarely a disputed issue.

In order for a person to be able to file for Divorce in Ohio, that person must have been a resident of the State for 6 months or more. If the 6 month residency requirement has not been met but there are critical issues related to children, support or property, the law permits the filing of what is called a "Legal Separation" action, and the Court can resolve those issues in such an action.

Once a Divorce action is filed, the other spouse has a right to file a Counterclaim requesting that the Court grant a Divorce and other related relief to that spouse. The party who ultimately is granted a Divorce, and the grounds on which the Divorce may be granted, usually has little or no effect on the manner in which the other issues incident to the termination of the marriage will be resolved, i.e.: custody/allocation of parental rights and responsibilities, division of property and debt, and child and spousal support.

In all actions involving the termination of a marriage, it is necessary for all of the parties' property and debts to be divided. This process initially involves a determination of whether property and debts are marital or separate, or in some cases, a combination of both, and a determination as to how the assets and debts are to be divided between the parties upon the termination of their marriage. Although there is an initial presumption that all marital property should be equally divided, the Domestic Relations Court is a Court of equity. This means the Court may decide that based upon the circumstances, it would be equitable to divide the marital property in a manner that is not equal. In addition, although in most cases property and debts that are determined to be the separate and nonmarital of one spouse will be retained or assumed by that spouse, if the Court determines such a result would be inequitable, the Court can Order that even separate and nonmarital property or debts be divided between the parties.

There may be significant issues as to whether property is marital or separate, or a combination of both, and as to the valuation of various property including real estate, antiques, works of art, pension and retirement plans and businesses or business interests. John Heilbrun has the knowledge and experience to protect your interests in connection with these potentially difficult and complex issues.

If there are minor children, issues regarding the allocation of parental rights and responsibilities (child custody/shared parenting) will have to be addressed. Initially, the Court is likely to issue a Temporary Order addressing those issues during the pendency of the case. The Court can also issue Temporary Orders to prevent physical abuse and the disposition of assets while the case is pending.

In regard to child support, Ohio has child support Guidelines and a Child Support Worksheet. All Courts in Ohio that set child support must consider these Guidelines and Worksheet. Despite the fact there are Guidelines and a Worksheet for child support, the figures that are used to calculate child support are critical to the ultimate outcome, and it is not infrequent that there is a dispute as to the figures that are to be used in making these calculations. The law also provides that under certain circumstances where it would be in the best interest of the children, the Court may deviate from the result provided by the Guidelines and the Worksheet.

Alimony, which is now called Spousal Support in Ohio, is another factor that must be considered in cases of Divorce. Unlike child support, there is currently no worksheet in Ohio that can be utilized to determine whether an Order for spousal support is reasonable or appropriate, and if it is, the amount of the spousal support that should be paid or the length of time spousal support should be paid. Accordingly, spousal support issues are often difficult to predict and determine. John Heilbrun has the knowledge and experience necessary to assist his clients in attempting to resolve the issue of spousal support by agreement, and if necessary, to represent their position in trial before the Court.

As to issues concerning custody or the allocation of parental rights and responsibilities, please see the CHILD CUSTODY/SHARED PARENTING page of this Website.