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 […]
What is a no-fault divorce?
In Ohio, a “no-fault divorce” can mean a couple of things. Technically, there is no such “divorce” in the Ohio law. From the standpoint of what that may mean to someone who is not a Domestic Relations Law attorney however, what is generally referred to as a “no-fault divorce” may be what is technically called […]
What Is a Collaborative Divorce?
A “Collaborative Divorce” is a process whereby the parties agree to work together with their respective attorneys and often one or more other professionals to try to reach agreement on all of the issues that have to be decided based on the fact that the parties are going to end their marriage. The parties will […]