We have put together over 30 individual topic pages to assist you and provide information that will be helpful in your situation so that you will know the right questions to be asking your lawyer, your spouse, and yourself about this process. Click on any of the topics below to get more information.
WHERE DO I BEGIN?
This is your first step in gaining information in the area of divorce law. By taking the time now and doing the research, it will provide you the knowledge necessary to make the right decision for you and for your family.
SETTLE OUT OF COURT – “COLLABORATION”
What is collaborative law? Essentially, it is parties working toward a resolution without court intervention.
GO TO COURT – “LITIGATION”
Litigation is the use of court intervention to resolve or decide a dispute between litigating parties. One item to consider is that courts want parties to resolve cases. One of the most important facts about courtroom to litigation is that 80-90% of it settles before there is a final, ultimate trial.
PRENUPTIAL OR ANTENUPTIAL AGREEMENTS
Prenuptial agreements, antenuptial agreements, and premarital agreements are basically different names for the same type of agreement and can dictate the management of all assets during a marriage, as well as establish how they are to be handled as a result from either dissolution of a marriage or death.
DISSOLUTION OF MARRIAGE
Dissolution is a “no-fault” legal proceeding to terminate a marriage. The parties file a joint petition with the court and request that their marriage be terminated.
Technically, Ohio divorce law still requires statutory grounds in order for the court to grant a divorce, but the burden of proof for grounds for divorce is very, very, very low.
A Legal Separation is just like a divorce in that the parties still divide all their assets and debts, allocate parental rights and responsibilities, and set support obligations, but in the end you are still married.
Annulments are granted by the court only in certain cases. The legal effect is to void a marriage from the very beginning—as if the parties had never married.
DIFFERENCE BETWEEN A DIVORCE AND A DISSOLUTION
A divorce is generally where the parties do not agree and is started by filing a complaint. Dissolution of marriage is where the parties reach an agreement before anything is filed with a court.
DISCOVERY – “HOW INFORMATION IS EXCHANGED”
Discovery is a fact-finding process that takes place after a legal action has been filed and before trial in the matter, in order to allow the parties in the case to prepare for settlement or trial.
DOMESTIC VIOLENCE AND ABUSE
There is a civil method of pursuing a domestic violence claim. It is called filing for an Ex Parte Civil Protection Order (CPO). You can file the Petition for an Ex Parte Civil Protection Order in any county you temporally reside. This Ex Parte hearing will be between the victim and the judge and the offending party will not be present.
TEMPORARY RESTRAINING AND CIVIL PROTECTION ORDERS
There are numerous types of restraining orders that can be issued by the court; it simply depends on the court in which your case is being heard..
MOTIONS TO SHOW CAUSE – MOTIONS FOR CONTEMPT
In some cases it may be difficult to get your ex-spouse to comply with the court’s orders. You can request the court to try to force compliance by finding your ex-spouse in contempt.
PROPERTY DIVISION IN DIVORCE
This is one of the very foundations of divorce work. It all starts with identifying what are your assets and debts. Property includes houses, pensions, businesses, stocks, household goods—almost anything.
When a person goes through a divorce there are many possible tax implications that can come into play and must be addressed.
KNOWING WHAT ASSETS ARE REALLY WORTH
The attorneys of Rosenthal | Thurman | Lane are able to assist our client s in sorting through the different types of assets, their value and their tax implications.
The biggest considerations are over the duration and amount of spousal support. The duration would be the length of time the payor would pay spousal support to the payee. There are plenty of circumstances when the parties are similarly situated economically where a court will not order spousal support.
TERMINATION OF SPOUSAL SUPPORT
The termination of spousal support can also be impacted upon where you live. Generally, spousal support will terminate upon the death of either party.
Custody cases are the most destructive litigation. Be sure that the child(ren) would be significantly better off with you than the other parent before you get involved in a custody fight. Custody cases are expensive in emotional costs, in legal costs and in monetary costs.
PARENTING TIME – VISITATION
Several years ago, Ohio law replaced the term visitation with parenting time (the terms are both used and mean the same) and this issue often comes up where there is no dispute as to who should be the legal custodian.
Both parties have a financial obligation to support the child(ren) in the State of Ohio. This applies to both married and unmarried parents. Use our free Ohio Child Support Calculator to get an estimate of your financial responsibility.
TEMPORARY ORDERS –
CUSTODY, CHILD SUPPORT, SPOUSAL SUPPORT
Many more cases go to a contested hearing over the issue of a temporary order than they do as to the final allocation of parental rights or division of property.
ONE ATTORNEY FOR BOTH OF YOU
We cannot represent both parties in a divorce or dissolution case. Nor should any attorney licensed to practice in the State of Ohio represent both parties in a divorce or dissolution.
It is strongly recommended that both parties attempt mediation whenever possible. However, it is from our experiences (because of the emotionally charged nature of the termination of a marriage) that the success of mediation depends greatly on the emotional state of both parties.
MODIFICATIONS AFTER DIVORCE
If you and your ex-spouse agree to change the terms of a court order (Temporary Support Order, Final Decree, or any other type of order), it can only be implemented if the new order is filed with the court.
Rosenthal | Thurman | Lane offers a flat fee first time detailed consultation. Our website will provide you most basic general information. The detailed consultation will go over the specifics facts of your case to help identify the best way we may be of help to you.
The decision to terminate a marriage is a difficult one. It is not a decision that should be made lightly. It is not a decision that should be made quickly. However, there are those situations which lead you to the determination that you can no longer be married and you must to remove yourself from that situation.
The best way to prevent an unhappy divorce is to provide for a happy marriage.
SAME SEX MARRIAGES
The Court noted that the fundamental liberties protected by the Fourteenth Amendment’s Due Process Clause extend to certain personal choices central to individual dignity and autonomy, including intimate choices defining personal identity and beliefs.