The separation of a family is never a fun thing to deal with, or something we wish to happen. Unfortunately, over half the families in our country deal with divorce and everything that follows with it. Here at Micheli, Baldwin, Mortimer, McLendon & Whitacre LLP, we aim to make your divorce or dissolution and custody issues as painless and efficient as possible.
In general, a dissolution is a much simpler process than a divorce. A dissolution gives you and your separating spouse the ability to work together to create a plan for your break-up. A divorce on the other hand is something that becomes inevitable when separating spouses can’t come to an agreement. We are here to help advice you on your options and what will best get the job done ofr you.
The process begins with your attorney preparing a “complaint” for divorce. Along with the filing of the divorce complaint there are a number of important documents that must be prepared and filed. These documents include a breakdown of your expenses, income, and debts and, if you have children, documents pertaining to your children. It is important that these materials are filled out properly, as the court will use these documents as a source in setting the initial orders that pertain to your support levels and parenting time.
Once all documents are prepared they are then filed in your counties’ Court of Common Pleas, Domestic Relations Division. In addition, all necessary restraining orders and support orders protecting you, your finances and your children, during the pendency of the divorce, will be filed.
Generally, within three (3) to five (5) days your spouse will be served with the complaint by certified mail. If your spouse refuses to pick up the mailing, a personal process server can be appointed.
Once service has been completed your spouse will have twenty-eight (28) days in which to answer and file all necessary paperwork. If they fail to answer, the court will schedule a non-contested court date. A non-contested divorce is one in which you and a witness can appear in court and request that judgment be entered in your favor without your spouse being present.
In order to be eligible for a dissolution you need the following:
Custody disputes are often times the ugliest parts of a divorce or dissolution. At our firm we want to fight for what’s best for your family and children.
Custody is simply the legal term for the legal guardian or legal custodian of a minor child. The legal custodian has the decision-making rights regarding the child. Ohio has different rules for a child born during a marriage versus custody of a child born outside of a marriage.
Married parents are presumed to have joint custody of any minor children born during the marriage. Upon the termination of the marriage, custody of the minor children must be determined. Most courts in Ohio will allow the parents to agree on a plan, but if the parents cannot agree the decision is made by the court.
The court must decide if joint, also known as shared parenting, or sole custody is in the best interest of the child. With it being such an important issue regarding your children, a skilled lawyer is almost a necessity to help you with this issue.