A Divorce Attorney in Columbus Who Protects What Matters Most
Facing divorce can be overwhelming, whether someone is considering ending a marriage or has just been served with divorce papers. At Robert L. Caplan Attorney at Law in Columbus, Ohio, clients can expect steady guidance, clear answers, and practical advocacy through every stage of the process—from protecting parental rights and financial stability to pursuing a fair resolution as efficiently as possible. With an experienced divorce lawyer focused on individualized strategy and respectful representation, clients do not have to navigate this difficult transition alone.
Divorce Options in Columbus, Ohio
The decision to bring a marriage to an end is a difficult and emotional process. It is important to understand the options available to you, and the pros and cons of each option. In Ohio, there are three principal vehicles to end a marriage: divorce, dissolution and uncontested divorce. The fastest and least expensive options are uncontested divorce or dissolution. Both of these options can be completed in a relatively short time period (usually within 60 to 90 days), and provide a lot of control for the spouses involved.
Do you have a high net worth? These divorces may be more complex and can involve experts in areas such as real estate, investments, business valuation and more. Divorce attorney Robert L. Caplan can assist you with these cases.
Uncontested Divorce
In an uncontested divorce, only the spouse who files the case must appear at the final hearing. This is important in examples of military divorces, or when one of the parties is out-of-state or simply unwilling to participate in the process. The appearing spouse must be accompanied by a witness. The uncontested divorce provides a fast and fairly inexpensive vehicle to bring things to a close, but if your spouse decides to fight it is easily converted to a contested divorce, helping things to move forward more expediently.
Dissolution
A popular option in Ohio is a “dissolution”. In a dissolution both parties must be in complete agreement on every issue, including division of assets and debts and child related matters, before the case is filed. Both parties must appear before the judge. This does not necessarily mean that there is an agreement on every issue when you start the process, but that you are willing to work together to negotiate reasonably and come to an agreement together. This provides you with the greatest flexibility and control over how their marriage will come to an end, and how your family will be structured after the dissolution.
Contested Divorce
A contested divorce is a lawsuit, where the parties need the Court’s assistance to resolve their differences. The judge or magistrate will determine how child custody and visitation will be structured, how much support will be paid by either party, the division of assets and liabilities, business ownership interest and all other issues that the parties cannot reach agreement upon. This process is the most expensive in terms of time, financial and emotional cost. There are definitely situations where you must stand up in court to protect your rights, or to ensure that matters are handled fairly and justly.
Frequently Asked Questions About Divorce
Divorce lawyer Robert L. Caplan can help you understand what to expect in your divorce once you discuss the specifics of your situation, but here are the answers to some common questions:
What should I do to plan for a divorce?
If you are considering divorce in Ohio, the first step is to gather your financial documents, including tax returns, bank statements, retirement account information and property records. These documents can help you and your divorce attorney assess the size of your marital assets and debts. You may also need to consider creating a post-divorce budget and housing options. If you have children, you should start considering your ideal child custody arrangements, including how you can best divide physical and legal obligations between you and your co-parent.
Finally, consult an attorney. An experienced family law attorney can help you understand your legal rights, explore your property division choices, navigate child custody situations, determine your support obligations and more. By taking a strategic approach to your divorce and seeking early legal counsel, you can have better control over your future.
What should I do if I think my spouse might be filing for divorce?
If you suspect your spouse is preparing to file for divorce, be proactive. You need to speak to a divorce attorney as soon as possible. An experienced divorce lawyer can assess your situation, outline your options and protect your rights. It is never too early to talk to an attorney when divorce is looming.
Second, get your important financial documents together, including bank statements, credit card bills, prenuptial or postnuptial agreements and tax returns. Take stock of your overall financial situation and take steps to protect yourself financially by doing things like opening a separate bank account and establishing individual credit. Finally, start focusing on what is most important to you in the divorce, so that you are able to articulate your goals for the process.
What are the grounds for divorce in Ohio?
Ohio has both no-fault and fault-based divorce. A no-fault divorce may be granted if the parties can agree that they are incompatible.
Fault-based grounds typically require a spouse to prove there was some kind of marital misconduct. Ohio law recognizes fault-based divorces due to a spouse’s bigamy, adultery, extreme cruelty, fraudulent contract, gross neglect of duty, habitual drunkenness and imprisonment in a state or federal correctional facility at the time of filing. However, you can also obtain a fault-based divorce based solely on the fact that you and your spouse have lived separate and apart for a full year or longer.
Before filing for a divorce, it is crucial to understand how a no-fault or fault-based divorce can impact issues like asset and debt division, child custody and spousal support.
Should I consider legal separation instead of divorce?
Legal separation allows couples to separate their finances and lives without actually ending their marriage. People typically choose legal separation for religious reasons, to retain health insurance coverage through their spouse or to explore reconciliation options. A court order can establish asset division, child custody and support and spousal support issues for a legal separation in the same way those issues are decided in a divorce.
If you are not sure if legal separation is right for you, an attorney can help you consider the pros and cons for your situation.
What are the costs associated with getting a divorce?
The costs associated with your divorce vary in Ohio, depending on whether your case is contested or uncontested. If a divorce is uncontested, which means spouses agree on asset division, child custody and child and spousal support, then court fees are relatively low, ranging from $200 to $500.
However, if a divorce is contested, which means couples cannot agree on the terms of the divorce, then costs may be much larger. In a contested divorce, couples may have to go to court hearings and trials. Couples may also have to pay for mediation fees, expert witnesses and custody evaluations. This can all quickly increase the cost of the divorce.
Attorney fees are additional and can vary greatly depending upon the complexity of your situation and the time involved.
What are temporary orders in a divorce, and how do they work?
A divorce case can take months to over a year to finalize. Temporary orders can cover interim child custody and visitation, child support and spousal support. Temporary orders can also provide parents with a temporary parenting schedule and plan to help ensure that their children have consistent contact with both parents while the divorce case is pending.
Temporary orders generally remain in place until the final divorce decree, although the court may modify temporary orders to accommodate fluid situations. Ultimately, temporary orders are used to protect spouses and their children during a time when the future is still unknown. Divorce attorney Robert Caplan can help you negotiate temporary orders to help provide stability during your divorce.
Contact Robert L. Caplan, An Experienced Columbus Divorce Attorney
Mr. Caplan will work with you to discuss your unique situation and discuss the alternatives available to you as you consider this important decision in your life. He works with clients to help keep costs down while providing the legal experience to ensure the best possible outcome in their case. Contact him today, or call 614-252-2026 to schedule a free consultation and begin working together to establish a path to your future.