Experienced Reynoldsburg and Columbus Divorce Attorney
While it is best both emotionally and financially to come to an agreement, sometimes there are genuine areas of disagreement. People who cannot agree on all the aspects of a marital termination will need to ask the Court for help and file for a divorce. In that event, you will need a lawyer who is experienced and can give you good, honest, advice that is well grounded in Ohio law.
A divorce begins with the filing of a Complaint of Divorce with the Court in the county where you live. The Complaint of Divorce contains your grounds for divorce and your request for relief from the Court. Along with the complaint, you file several required affidavits regarding income, assets, debts, and monthly expenses.
Restraining Orders and Temporary Orders in Ohio Divorce
In addition to the Complaint for Divorce, it is common in a divorce case to file motions asking the Court for temporary restraining orders and temporary substantive orders.
A temporary restraining order will restrain your spouse from canceling insurance policies, bothering or harassing you during the case, taking the children permanently out of central Ohio, or incurring credit in your name. Violation of this restraining order could result in finding of contempt of court. These orders are effective once they are served upon your spouse and remain in effect throughout the case.
Temporary Orders are the court orders that are in place until your case ends. These are orders issued by the Magistrate following an "affidavit only hearing." The temporary orders address child related issues such as allocation of parental rights, visitation, child support, health insurance. They also address all financial issues such as spousal support, payment of mortgage or car note, or payment of credit cards and medical bills. The importance of the temporary orders cannot be overstated since they are the backbone of your case.
What Happens in an Ohio Divorce Case?
In a divorce case, the Court's job is to equitably divide the marital assets and debts. The assets and debts are marital if they existed before the marriage, or were acquired by gift or inheritance. In order to do this, all the assets must be valued. This includes financial accounts, vehicles, real estate, businesses, or retirement and pension plans. The court will also determine or approve child custody and visitation arrangements, known in Ohio as "parenting time". It is important to have an experienced central Ohio divorce attorney to guide you through the process and protect your rights and interests.
Contact an Experienced Whitehall & Gahanna Divorce Lawyer
At the Robert L. Caplan law office, I work with couples who wish to affordably bring their marriage to an end. When you are going through a divorce, you need to make sure your rights are protected. A divorce in Franklin County can be a long and complicated process involving many different issues. If you are considering filing for divorce, or if a divorce has been filed against you, let me make sure the results for you are fair.
I will work with you to identify the things that are highest priorities for you, and work to develop a parenting time plan that will be in the best interests of you and your children. Contact me today, or call (614) 252-2026 to schedule a free consultation, and let's begin to work together to discuss a divorce strategy that will work for your unique situation.