What you can do is to file what is called a “Motion for Contempt” with the Court that issued the Order. Generally, assuming that the Court did determine that your former spouse was not paying support, as Ordered, the Court will find that spouse in contempt, which means that the spouse violated the previous Order […]
Can I Get a Modification to a Divorce Judgment or Order?
There are certain subject matters that are addressed in a Divorce judgment or Order that are subject to being modified by the Court in the future. Generally, those would include issues related to the parties’ minor children, and, if there is an order of spousal support, whether the amount and/or length of the spousal support […]
How Does the Court Divide Marital Property?
The basic legal principal in Ohio in regard to the division of marital property and debts is that they are to be divided equally, 50/50. Nevertheless, the Court has the right to determine that under the circumstances of a particular case, it would be more “equitable” for the property and/or debts to be divided in […]
Does It Make Difference If I File First for My Divorce?
For the most part, it does not matter who files a Divorce action first. There is one county in Southwest Ohio however, where this may make a difference, as the Judge in that Court may issue Temporary Parenting and Support Orders based solely upon the information and documentation provided by the party that initially files […]
If I Don’t Do a Collaborative Divorce or Mediation, What Happens When I Go to Court?
If you and your spouse have not entered into formal written agreements related to the manner of allocating all of your rights and responsibilities involving your minor children, dividing all of your assets and liabilities, and addressing all issues of support, then the process of ending the marriage would need to proceed by way of […]
Do I Have to Go to Court for My Divorce?
The simple answer is “yes”, because even if you are able to resolve all of the issues incident to the ending of the marriage by agreement and outside of the formal Court process (i.e.: through the Collaborative Divorce Process, Mediation, or negotiating with the other spouse and/or his/her attorney), it is still necessary to proceed […]
How Is Spousal Support Determined in Cincinnati?
Spousal support in Ohio is to be determined based upon the factors set forth in the applicable statute in the Ohio Revised Code. This statute indicates that after a determination has been made as to how to divide the parties’ assets and liabilities, the Court is to consider the issue of spousal support; in other […]
What Are the Requirements for Filing a Petition for Divorce in Ohio?
Technically, it is a Complaint for Divorce in Ohio, and a Petition for Dissolution. The process for filing a Complaint for Divorce involves the preparation of a document called a Complaint. In that Complaint certain jurisdictional facts regarding the residency of the party within the State of Ohio and within the county in which that […]
In a Traditional Divorce, How Does the Court Determine Who Gets Custody of the Children?
If that is a decision that the parents leave for the Court to decide, then, to some extent, it will initially depend upon the particular Southwest Ohio County in which the divorce proceeding has been filed. Some of the counties in Southwest Ohio have Court Parenting Departments consisting of people who are employed by the […]
What Is a Divorce Mediation?
Divorce mediation is a Process used to try and resolve and settle issues incident to the ending of a marriage. Mediation is a process where people who have a dispute, in this case the manner in which to resolve the issues incident to the ending of their marriage, decide to employ an independent and objective […]