Tried-And-True Ohio Divorce Guidance And Representation

Last updated on October 11, 2024

Going through a divorce can be incredibly overwhelming, and it is natural to feel apprehensive. However, we are here to guide you through the process. You do not have to face it all alone.

At The Lampe Law Office, LLC, our team has decades of experience in Ohio divorce. We have a comprehensive understanding of the myriad issues that divorcing couples and families face. You can rest assured that our team will fight tirelessly on your behalf to protect your children, your interests and your future. If you have challenges in reaching a divorce settlement related to custody, a business valuation, complex joint assets, or property division issues, our attorneys can represent you and advocate for you assertively.

We Help With Many Facets Of The Divorce Process

Our goal is for you to feel safer, more informed and more confident about your path with each interaction with us. While you may be one of two parties in divorce negotiations or litigation, to us, you are the person we are serving. We feel it is this attitude – one of utter service – that sets what we do apart.

No divorce is ever the same. Each marriage is unique, with its own facts and circumstances. Therefore, the issues in every divorce will be different. No matter what issues your divorce involves, we can guide you with experienced counsel and advice. We help clients with all aspects of a divorce, including:

• Property division: The longer a couple has been married, the more complicated the division of property can be. Determining what is jointly-owned marital property and what is owned individually by each member of the couple is critical to an equitable distribution of the marital estate. We help clients negotiate the division of assets, including the division of retirement and pensions.
• A family or marital business: When a divorcing couple owns a marital business or a spouse is part of a family business, the business will have to be evaluated. It may be part of the marital estate and there are several options as to how the business may be divided in the dissolution of the marriage. We help clients assess the value of complicated marital assets, such as a family or marital business.
• Child custody and parental rights: When children are involved, we help clients protect their parental rights and preserve the best interests of their children. This part of the divorce decree can address custody schedules, co-parenting issues, child support requests and much more. We assist clients with child custody matters, visitation and child support issues during or after a divorce has been finalized.
• Out-of-state divorce: We can help if you or your ex-spouse is contemplating moving out of state after a divorce has been finalized. It is essential that the impact of a significant out-of-state move is discussed and documented in the divorce decree or a post-decree modification.
• Military divorce: When one or both spouses are in the military, a divorce can be more complicated. Your active military status can impact your custody negotiations, as well as property and asset division. We assist clients who are navigating a military divorce in achieving their goals for the new chapter in their lives.
• Domestic violence: When a divorce involves ending a marriage with a history of violence, we have experience navigating the sensitive issues that arise. We can assist you if you need to file a Domestic Violence Civil Protection Order (DVCPO) or if you need to address allegations of abuse that have been leveled against you.

We can help with any type of divorce – from amicable divorces to complex situations with contested, significant assets at stake or volatile child custody issues.

We also help clients who are navigating the breakup of a long-term relationship that involves children. We have experience with paternity matters, preserving parental rights and establishing child custody and support when the parties were never legally married.

Ending A Marriage In Ohio: Divorce Versus Dissolution

The process for breaking the legal bonds with your spouse will look different depending on whether you mutually agree it is time to end your marriage. In Ohio, a divorce is a civil lawsuit designed to end the marriage. The plaintiff (person filing the divorce petition) must show grounds for wanting the divorce, which can include living apart for more than 12 months, incompatibility, extreme cruelty, or gross neglect. If both parties agree the marriage needs to end, the path to achieve that end is called a dissolution. No grounds for the action need to be stated.

Steps In A Divorce Case

In a divorce proceeding, the following process is usually followed:

1. The plaintiff in the lawsuit (known in other states as a petitioner) files a complaint with the clerk of court.
2. The defendant (known in other states as a respondent) is served with the divorce complaint, or it is published in a local newspaper of record.
3. The defendant has 28 days to respond to the complaint. They may file a counterclaim, citing similar or different grounds for the divorce.
4. The parties in the divorce may choose negotiation or mediation to settle terms of the divorce decree, including child custody and support, spousal support, and property division.
5. If the parties decline negotiation, the divorce complaint will be litigated in court. Evidence must be presented to support the demands of the complaint. The court will determine the terms of the decree based upon Ohio law.

Steps In A Marital Dissolution Case

In contrast with a divorce, the following steps are usually part of a marital dissolution:

1. The parties in a marriage mutually agree to end their legal relationship.
2. Both parties create a separation agreement, which covers matters such as spousal and child support, custody issues, as well as property and asset division.
3. After the parties have a signed separation agreement, they may file for a marriage dissolution petition.
4. The parties must wait at least 30 days for their dissolution case to be heard. The case will take place within 90 days of the filing date of the dissolution petition.
5. A court will hear the dissolution case and evaluate whether the parties are in agreement about the terms of the agreement. If this is the case, the court will grant the dissolution by making the separation agreement into a court order.

 

It is always in your best interest to understand your rights and options when it comes to ending your marriage. Regardless of the complexity of your divorce or the issues involved, our team is prepared to offer personal, supportive and seasoned counsel.

Answering Your Frequently Asked Questions About Getting Divorced In Ohio

At The Lampe Law Office, LLC, we know and understand that going through a divorce can be overwhelming, and you probably have a lot of questions. Here, our West Chester divorce lawyers answer some of the most commonly asked questions. However, every case is different. To answer your specific questions, we offer an initial consultation appointment. In this appointment, you can discuss the specific details of your case with an experienced divorce attorney.

How long does it take to get divorced in Ohio?

The amount of time it takes to get divorced can vary widely based on several factors. If your divorce is uncontested and you and your spouse can work together to reach agreements on the division of property, your divorce could be finalized much more quickly and resolved within a few months.

A contested divorce can take a year or more. Also, a divorce can take longer if you’ve been married for a long time. For example, if there are a good deal of assets and wealth or one of you owns your own business, the division of property can be more complicated. Likewise, if there are children involved and you and your spouse cannot agree on child custody or visitation schedules, your divorce might take longer.

In general, the more you and your spouse agree on the terms, the quicker the process tends to be. An experienced and knowledgeable divorce attorney can help facilitate a settlement in your divorce.

Will my divorce have to go to trial?

Whether your divorce will go to trial depends on your situation and whether or not you can agree on the main terms of your divorce. The terms of a divorce usually include:

• The division of property and assets
• If children are involved, child custody, visitation and child support
• Spousal support

If both parties can agree on the terms of your divorce, you may not need to go through an official court proceeding at all. A judge can sign a settlement agreement without needing to see the parties.

Oftentimes, parties going through a divorce will attempt to resolve any contested issues during mediation. However, if you cannot reach an out-of-court settlement through the mediation process, then your divorce will likely proceed to litigation.

Does it matter which spouse files for divorce?

It doesn’t necessarily matter who files for divorce first, but it can sometimes have strategic implications. The spouse who files, known as the petitioner, can somewhat control the early pace of the proceedings and may have a psychological advantage by taking the initiative.

Do I have to have a divorce attorney for a divorce?

Hiring a lawyer is not a requirement for a divorce, but it’s usually a good idea, especially if your divorce is contested or involves complex issues. An experienced divorce attorney can help protect your rights and guide you through the process. Going through a divorce takes an emotional toll. Having an attorney who can handle the legal aspects can take a huge burden off your shoulders.

How do I start the divorce process in Ohio?

To start the divorce process in Ohio, you’ll need to file a complaint for divorce with the court. This document explains that you want to get divorced and outlines your wishes for the divorce. You’ll also need to serve these papers to your spouse, giving them the opportunity to respond. From there, the process involves several steps, which an experienced divorce lawyer can help you navigate.

Remember, we’re here to help guide you through this challenging time with clarity and compassion. Seeking the assistance of a knowledgeable attorney can provide you with the legal support you need to make informed decisions for your future.

Our Firm Is Here To Guide You

To arrange a consultation with a member of our team, call our West Chester office at 800-542-4495. You can also connect with the firm via our online contact form. We handle divorce matters for clients throughout Butler, Clermont, Hamilton and Warren counties.