Practice area
Family law
Family cases decide where children live, how property is divided and how two households will be supported. We help you understand what the court will look at, and we work toward an arrangement you can live with.
Overview
Ohio offers two ways to end a marriage. A dissolution is a joint filing by spouses who have agreed on everything. A divorce is filed by one spouse when agreement has not been reached. Many divorces still end in agreement, but the court sets the timetable.
Where children are involved, the court decides parental rights and responsibilities by looking at what serves the child's interests. It considers each parent's relationship with the child, the child's adjustment to home and school, and each parent's willingness to support the child's time with the other.
We explain what the court is likely to do, help you gather the financial records the process requires, and negotiate where negotiation is possible. When it is not, we present your case at hearing.
Matters we handle
Divorce
Contested and uncontested divorces, including temporary orders while the case is pending.
Dissolution of marriage
Preparing the separation agreement and parenting plan for couples who have reached agreement.
Custody and parenting time
Allocation of parental rights, shared parenting plans and parenting schedules, for married and unmarried parents.
Child and spousal support
Setting, enforcing and changing support orders when income or circumstances change.
Changes to existing orders
Relocation, changes in a child's needs, and enforcement when an order is not being followed.
Civil protection orders
Seeking or responding to a domestic violence or stalking protection order.
Who this is for
- You are considering a divorce and want to know what it would involve before you decide.
- You have been served with divorce or custody papers and have a deadline to respond.
- You and your spouse agree on most things and want the agreement prepared properly.
- An existing order no longer fits your family's circumstances.
What to do now
- If you have been served, note the date. You generally have 28 days to file an answer.
- Gather recent tax returns, pay stubs and statements for every account and debt.
- Keep the children's routines steady, and keep them out of the dispute.
- Avoid large purchases, account transfers or moving out with the children before you have had advice.
- Write down the parenting schedule you actually follow now.
- If you are in danger, call 911. A protection order can be sought the same day.
How the fee works
Hourly, with a retainer
Most family matters are billed by the hour, because the amount of work depends on how much the two sides can agree. You pay a retainer at the start, which is held in a trust account and drawn on as work is done. You receive an itemised statement every month.
An uncontested dissolution, where both spouses have already agreed on the terms, is offered at a flat fee quoted at the consultation. Court filing fees are separate and are paid to the clerk.
What to bring to the consultation
- Any court papers you have been served with
- Your last three years of tax returns
- Recent pay stubs for you and, if you have them, for your spouse
- Statements for bank, retirement and investment accounts
- A list of debts, including mortgage and car loans
- Any existing court orders, prenuptial agreement or separation agreement
- The children's school and childcare schedule
Common questions
What is the difference between divorce and dissolution in Ohio?
In a dissolution, both spouses sign an agreement covering property, support and the children, and file it together. In a divorce, one spouse files and the court resolves whatever the spouses cannot agree on. A dissolution is usually faster and less costly, but it requires full agreement.
How long does a divorce take?
A dissolution is typically heard between 30 and 90 days after filing. A contested divorce commonly takes from several months to more than a year, depending on the issues and the court's calendar.
How does the court decide custody?
The court looks at what arrangement serves the child, weighing factors set out in Ohio law, including each parent's relationship with the child and the child's ties to home, school and community. Neither parent starts with an automatic preference.
Do I have to go to court?
In a dissolution there is one short hearing that both spouses attend. In a divorce there may be several hearings, though many are brief and some can be attended by your attorney alone.
Attorneys who handle this
Daniel Okoro
Founding attorney
- State of Ohio, 2005
- U.S. District Court, Southern District of Ohio, 2006
Related practice areas
- Estate planning and probateWills, trusts and powers of attorney, and guiding families through the probate court after a death.
- Criminal defenseOVI and traffic charges, misdemeanors, felonies and record sealing in central Ohio courts.
- ImmigrationFamily petitions, green cards, citizenship and defense in removal proceedings, in English or Spanish.
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