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What is Family Law?
Family law consists of cases involving divorce, dissolution, the care and
support of children, and the protection of victims of domestic violence. These
are emotionally challenging areas of the law for families to handle. Our law
firm works to bring about results that are fair, just, and respectful to the law
and to everybody involved. Our law firm is committed to helping families in
transition to resolve their disagreements about finances, property, and,
especially, to help families resolve their disputes regarding children. Our goal
in family law cases is to serve the best interests of our clients by creating
solutions, resolving disputes and helping families transition smoothly into a
new family situation.
What happens in a divorce?
A divorce or legal separation case begins when the plaintiff the party who
starts the court case files a formal complaint at the courthouse. The
defendant, the other party, may answer within 28 days. If an answer is filed,
the case is contested. If the defendant does not file an answer, the case is
uncontested.
When a divorce is filed, mutual restraining orders are usually put into effect
and remain until the case is finalized. Both parties are restrained from: a)
selling, transferring or destroying assets; b) threatening, abusing or
interfering with the other party; c) incurring further credit; d) changing
insurance coverage; and e) removing the children from the county.
Either party may request a temporary hearing, which is conducted by a magistrate
who makes orders concerning parental rights, responsibilities and support. One
spouse may be ordered to move out of the marital home. These temporary orders
remain in effect until the court modifies them or the case ends.
When a case is contested, a status conference is held with a magistrate about
four months after the complaint is filed. Each party completes an affidavit of
assets and liabilities to be submitted at this time. The magistrate determines
what issues need to be decided by the judge at trial. Ordinarily, only the
attorneys attend this hearing. If a party does not have an attorney, he or she
should attend the status conference.
A pretrial conference with the judge is held two to three months later. The
parties and their attorneys meet with the judge to determine if their case can
be settled. If an agreement can be reached at this point, the matter may be
finalized. If not, a trial time is scheduled.
At trial, the plaintiff first presents his or her case, including grounds for
the divorce, financial information, property and the welfare of the children.
The defendant has the opportunity to present evidence to explain and dispute the
plaintiff's evidence.
After all the evidence has been presented, each side may give oral or written
arguments to explain to the court what he or she is requesting and why the
request is reasonable and appropriate.
The court the makes a decision and files the final order.
What is an uncontested divorce?
If the divorce case is uncontested, it is set for final hearing about four
months after the complaint is filed. The defendant is notified but may not
contest the grounds for the divorce. He or she may provide information on the
allocation of parental rights and responsibilities, child support, division of
property and spousal support. If there are substantial issues to be decided, it
will be set for trial before the judge.
What is a Dissolution?
The law allows husbands and wives to terminate their
marriage by agreement without stating why they wish to end their marriage and if
they are able to enter into a written contract that divides all of their assets
and responsibilities. This written contract is called a separation agreement.
Parties must have been residents of the state of Ohio for 6 months prior to
filing. To obtain a dissolution the parties must file all of the following: (1)
a petition for dissolution (signed by both of them), (2) a waiver of service -
this may be included in the petition for dissolution and (3) a separation
agreement that has been signed by both of them. The separation agreement must
address all of each parties assets, their debts and the care, custody, control
and support of any minor children that they have between them. Additional forms
are required in cases where there are minor children.
The petition will be scheduled for hearing not sooner than 30 days but usually
within 90 days after the petition for dissolution is filed. Both parties must be
present for the hearing and bring a proposed judgment entry that the Judge will
sign which terminates their marriage and makes their agreement the court order
that terminates their marriage. The parties’ agreement is to determine all
issues that they have between them.
The Court must determine that the parties’ agreement is fair, just and
equitable. To do this, the parties need to present the Court with detailed
information as to the value of the assets and debts that each party is taking
pursuant to their agreement. It is preferred that the parties have been living
separate and apart from the time they sign their separation agreement or at
least since they filed it with the court. This insures that both people have
experienced living separate and apart prior to affirming their agreement. It
also makes sure that both parties have divided their household goods to their
satisfaction. Lastly, for couples who have children, it allows the children to
experience and know what is happening in their lives. It gives the parties an
opportunity to discover any visitation issues/problems that they may not have
considered prior to coming to court.
Our law firm can assist you in working through the intricacies of a dissolution.
We strive to achieve a fair, just and equitable arrangement for the division of
assets, responsibility for debts, and most importantly, the best interest of the
children.
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