resources
Benefit From Our Experience in Family Law
We’ve compiled a few resources here to help answer your questions, provide knowledge, and inspire confidence.
Divorce & Dissolution
What’s the difference between divorce and dissolution?
Divorce and dissolution are both ways to terminate a marriage.
A dissolution is when both partners agree on all issues related to separation, including property division, settlement of debts, spousal support/alimony, child support, and child custody. The process can take 30-90 days from the time you submit your petition for dissolution.
With both partners working together, dissolution is often less costly and time-consuming than divorce.
A divorce is a contested action, meaning the couple disagrees on one or more of the issues related to separation. The process usually takes a year or more, most often ending in a settlement. Should a trial be necessary, Emily has proven success in the courtroom to ensure your interests are fully protected.
What is the divorce process like?
No two cases are alike and therefore the divorce process is different for everyone. The sooner you hire an experienced, client-focused attorney, the more efficient it will be. We can provide valuable counsel, practical and objective solutions, and help relieve a bit of stress.
For most clients the process of divorce follows these basic steps:
1. Consult an attorney
Start with a free consultation. Emily will listen, address your concerns and help you determine next steps.
2. Meet residency requirements
Ohio law requires at least one spouse to live within the state for at least six months prior to the divorce filing.
3. File a complaint
Often referred to as divorce “papers”, the complaint is served to the other party, but divorce cannot be granted for at least six weeks after the other party is legally notified. If no answer is filed, the court grants the divorce. If an answer is filed, the case proceeds to court.
4. SEEK TEMPORARY ORDERS
The divorce process usually takes a year or more. If partners disagree on issues like where children will live, or how bills will be paid, the court will issue temporary orders until the divorce is finalized.
5. “Discovery” process & negotiation
Both parties participate in this process which involves written questions, document requests, interviewing witnesses, taking depositions, and sometimes an investigation by Guardian Ad Litem.
6. Reach a settlement or proceed to trial in court
Most often we’re able to help clients reach a settlement, but in the rare instances that a trial process is necessary, Emily has extensive court experience and proven success.
Talking to your child about divorce.
A few resources to help start the conversation:
How to Talk to Your Children about Divorce American Academy of Pediatrics
Talking to Your Kids About Divorce: Age-Appropriate Strategies from OurFamilyWizard
How to Talk to Kids About Divorce from the experts at Nationwide Children’s Hospital
Caring for yourself during divorce.
Even the simplest tasks may feel overwhelming, but don’t forget to take some time to for yourself:
5 Ways to Improve Your Self-Care During a Divorce from OurFamilyWizard
No Cost Self-Care During Divorce? Is That Even Possible? Psychology Today
Child Custody and Child Support
How do I get custody?
An unmarried woman who gives birth to a child is the sole residential parent and legal custodian of the child until a court issues an Order otherwise. However, a court designating the residential parent and legal custodian of a child shall treat the mother and father as standing on equal ground when making the designation. A Father in Ohio must file a complaint in Juvenile Court to establish his rights as a father. Juvenile Court will determine, custody, parenting time and child support.
Co-parenting apps
Communication is key, and a little support can go a long way. We’ve heard good things about these apps:
How is the amount for child support determined?
There are numerous factors that determine the payment amount for child support including: each parent’s income, childcare expenses, medical expenses, and more. Your attorney provides the information to the court which will allow it to set a child support amount.