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Southside Ohio Divorce Lawyer
Confidential, Compassionate Legal Representation for Your Divorce
Choosing divorce is rarely easy. Many clients have mixed emotions, and some are haunted by “what if” questions. Adding to the difficulty, life does not stand still even though your marriage is crumbling around you.
Unfortunately, ending a marriage will only increase the stress. The fact is that Ohio’s divorce process is complicated and not set up for the unwary. Most people would benefit from a lawyer’s assistance, even if they are confident their divorce will be relatively simple, so please call a Southside Ohio divorce lawyer at Lawrence Law Office today.
Divorce versus Dissolution
There are two processes for dissolving a marriage in Ohio. With dissolution, a couple agrees on the following issues:
- Child custody. Custody is more than having physical possession of a child. It also includes the right to make legal decisions. Ohio rarely awards sole custody to one parent.
- Child support. Both parents must support their children, and typically the non-residential parent makes a monthly payment to the other. Ohio has created guidelines to standardize the process of setting child support.
- Alimony (spousal support). A spouse with fewer assets or lower earning power can request alimony from his or her ex. Alimony can be temporary or permanent, but there is a definite trend toward temporary alimony.
- Division of marital property. Couples must divide the property they acquired while married. A judge will divide it fairly if they can’t reach an agreement.
Couples can file for dissolution when they agree on all of the above. If they disagree on even one issue, their divorce is contested.
Residency Requirement for Divorce & Dissolution
According to Ohio Revised Code § 3105.03, the person filing for divorce must have been a resident of Ohio for the six months before filing. The other spouse does not have to be a resident, but you’ll need to wait if you just moved to Ohio.
By contrast, if you are filing for dissolution, then under ORC § 3105.62 only one spouse must have been a resident of Ohio for the six months before filing.
Myths about Divorce
Many people labor under popular misconceptions about divorce. These myths and urban legends only serve to make the process more complicated for people, and some people give up important rights that they do not know they have.
Some of the more common myths we have heard include:
- If you bought an asset, it’s your separate property to leave the marriage with. This is wrong. If you obtained the asset while married, it is probably marital, regardless of whose wages were used or whose name is on the title or deed. Property is separate only if you obtained it while single or if it was a gift (from someone other than your spouse) or an inheritance left only to you.
- Only women can get alimony. This might have been true a long time ago. But today either spouse can request alimony. However, a judge will only award alimony if the facts warrant it.
- Marital property is divided 50/50. Actually, a judge divides marital property “equitably,” which means in a manner the judge deems is fair. Judges are guided by many factors, and a 50/50 split might be fair in most situations. But there is no requirement that assets be divided evenly.
- Mothers always get full custody of young children. For one thing, “full custody” rarely exists in Ohio. Typically, both parents get time with their child. For another, there is no presumption that children should be with the mother. Instead, judges decide custody based on the best interests of the child.
The above are only some of the more common misconceptions. If you have questions, schedule a consultation with our Southside Ohio divorce lawyer.
The Benefits of an Attorney
There is a lot at stake with a divorce. And, unfortunately, you only get one chance to make a good impression. The reality is that once a judge decides custody, alimony, or any other issue, it is very difficult to get it set aside later. Unless the judge made a major error, an appeal is fruitless. After divorce, modifying a custody or support agreement is also tough, and courts will only consider the issue when there has been a sufficiently meaningful change of circumstances.
With so much at issue, men and women should have an attorney represent them. A lawyer can discuss what you want, help you negotiate an agreement, and represent you in court if negotiations falter.
Other Practice Areas
- Family Law
- Prenuptial Agreements
- Stepparent Adoption
- Grandparent Visitation Rights
- Spousal Support
- Equitable Distribution
- Military Divorce
- Social Media in Divorce
- Contempt & Enforcement
- Post Divorce
- Business Owners Divorce
- Tax issues
- Child Custody
- Grandparent Rights
- Same-Sex Couples Child Custody
- High Asset Divorce
- Retirement Assets
- Estate Planning
The place to go.
Lawrence Law Office is the place to go if you need expert and experienced legal counsel. Very knowledgeable about the court system. Been around along time. I highly recommend them!Stephen
Call Our Southside Ohio Divorce Lawyer to Learn More
Partners Linda S. Lawrence and Ross D. Lawrence founded our firm years ago to provide quality family law representation in Ohio. To learn more about how our firm can help, give us a call to schedule a no-obligation consultation.