Divorce In Ohio

John Heilbrun has 30 years experience helping clients with family, marital and domestic law problems including divorce, dissolution, property division, alimony/spousal support, parenting/child custody issues, visitation issues, child support and post-decree matters.

I have been assisting people with family and marital law problems for 30 years. I offer representation to people experiencing such problems in Hamilton County, Clermont County and Warren County. The types of marital, domestic and family law problems for which I offer assistance include dissolutions, divorces, child custody cases, shared parenting issues, visitation, child support, alimony/spousal support, division of property and debt issues. I am also available to represent both mothers and fathers in paternity cases.

There are two ways to terminate a marriage in Ohio: Dissolution and Divorce.

1. Dissolution

If the parties agree that they wish to end their marriage, and are able to agree as to the manner in which they are going to resolve all of the issues which are incident to the end of their marriage, including those related to their children, division of property and debts, and support, the parties may proceed by way of Dissolution. A Separation Agreement, and if appropriate, a Shared Parenting Plan, will be prepared and signed by both parties.

In most dissolutions, both parties will be represented by counsel, especially if the parties have minor children and/or significant assets and liabilities. Under the Rules of Professional Responsibility set forth by the Ohio Supreme Court, one attorney may not represent both parties in a Dissolution, even though they are in agreement on all issues. Although it is usually advisable for both parties to have an attorney even in a Dissolution, either party has the right to waive his/her right to counsel and proceed without the benefit of an attorney.

There are a variety of ways in which the parties may come to an agreement on all the issues incident to the termination of their marriage including Collaborative Law, Mediation and negotiated settlements. It may take weeks or several months for the parties to be able to conclude an agreement on all of the issues. Once the parties have reached agreement and signed a written Separation Agreement setting forth the terms of their agreement, and if appropriate, a Shared Parenting Plan, a Petition for Dissolution will be filed with the Court. The case will then be set for a hearing before the Judge within 30 to 90 days following the date of the filing of the Petition. Both parties are required to appear at this hearing before the Judge and acknowledge that they wish to end their marriage, that they are in agreement with and understand the terms of the Separation Agreement, that they believe their Separation Agreement to be fair and equitable, that they have made a complete disclosure of all assets and liabilities to the other party, and if they have minor children, that the provisions entered into allocating their rights and responsibilities involving their children are in the children's best interest.

In most situations, the dissolution process will result in a final conclusion of the case in a shorter period of time and will be less expensive than a Divorce.

2. Divorce

In the event that only one spouse wishes to terminate the marriage, or in the event the spouses cannot agree as to how they are going to resolve one or more of the issues incident to the termination of their marriage, then the case must be filed as a Divorce. The Divorce process is initiated by the filing of a formal Complaint in the Domestic Relations Court.

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 the Divorce and other related relief to that spouse. The party who ultimately is granted a Divorce, and the grounds or bases 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 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 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 separate and nonmarital will be retained or assumed by the one 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. I have the knowledge and experience to protect and represent your interest in connection with these potentially difficult and complex issues.

If there are minor children, the issue of child support will have to be addressed. Ohio has Child Support Guidelines and a Child Support Worksheet for setting child support. 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 Child Support Guidelines and the Worksheet.

Alimony, which is now called Spousal Support in Ohio, is another factor that must be considered in all cases of Divorce or Dissolution. 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 and the length of time spousal support should be paid. Accordingly, spousal support issues are often very difficult to predict and determine. I have the knowledge and experience necessary to assist my clients in attempting to resolve the issue of spousal support by agreement, and if necessary, to represent their position at trial before the Court.

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