Divorce Attorneys In Columbus, Ohio

When a marriage is ending, many people get caught up in emotional conflict. While the divorcing couple may agree that the marriage is over, they often disagree as to how to resolve custody, property division and other matters in their divorce. At the law firm of Sowald Sowald Anderson Hawley & Johnson, our divorce attorneys in Columbus, Ohio, will help you keep your focus on the tasks at hand: achieving an equitable division of marital assets, creating a parenting plan for raising your children, and determining appropriate child support and spousal support.

For more information on a divorce topic, click on one of the links below:

• Marriage dissolution: Marriage dissolution is an alternative to a contested divorce.
• Collaborative law: Collaborative law focuses on the parties and their attorneys working together as a group to identify and address the issues and concerns of both parties in order to help the two sides resolve complex divorce issues without putting the decision into the hands of the court. A successful collaborative law case results in the marriage being terminated by dissolution and avoids the time, expense and emotional costs that result from a contested divorce.
• Mediation: Mediation is a process that can be employed in a contested divorce in a collaborative case or a simple dissolution. Mediation provides an opportunity for the parties to work with a neutral third party who can assist them by facilitating discussion so that the parties can both express their thoughts and concerns with the hope of developing an agreement that meets the needs of both parties and their children. If an agreement is reached on all, or some, issues, the agreement can be incorporated into a divorce decree or separation agreement.
• Marital property division: Ohio courts start with a presumption that an equitable property division means an equal one. However, the judge can decide that an unequal division is “equitable” based on the facts of your case.
• Child custody and parenting time: In Ohio, there are two types of child custody: sole custody and shared parenting. Each type of custody has its own characteristics, but neither of them determines the parenting schedule or what the child support obligations of either party will be.
• Child and spousal support: In Ohio, child support is based on statutory guideline calculation that considers the income of the mother and father, the cost of health care coverage and the cost of work-related child care. The statutory calculation must be done to establish the guideline support amount, but the parties may agree to a different amount or the court may order a different amount if it deems it to be appropriate to do so. Spousal support is not based upon a statutory calculation, rather the court has total discretion to determine the amount and length of spousal support after considering the parties’ incomes, the length of the marriage, and a host of other factors.
• Relocation and child custody: Our divorce lawyers represent parents who wish to relocate as well as parents who oppose such moves. The Ohio courts start with the presumption that relocation of children away from a parent is harmful to the children and unfair to the parent being moved away from. So, a parent who relocates with children away from the other parent must convince the court that there are valid reasons for the relocation that will, ultimately, be beneficial to the children.
• Unmarried parents and child custody/support issues: Our divorce lawyers represent unmarried fathers who wish to establish custody and visitation rights, as well as unmarried mothers who wish to retain sole custody of their children.
• Civil Protection Orders (CPOs): CPOs are sometimes filed just prior to, or during divorce cases. CPOs can be necessary for the protection of a party or the children, but sometimes a CPO based upon false accusations is filed solely as an attempt to get the upper hand in divorce or custody cases.
• Gray divorce

How To File For Divorce In Ohio

While each divorce will look different depending on a couple’s unique situation, the legal process of filing for divorce generally involves the same stages no matter your circumstances. Steps in the divorce process include:

• Filing an Ohio Petition for Dissolution of Marriage and paying a filing fee: Your petition begins the divorce process and outlines many details related to the end of your marriage. You may sign this petition along with your spouse, or – in a fault-based divorce – you may individually file.
• Serving notice: If you filed a fault-based divorce, your filing includes information about how your spouse will be notified of your filing. Common methods include certified or registered mail.
• Attending a hearing: Your hearing will generally occur within 90 days of filing your petition. During your hearing, you will answer questions, present evidence and prove that fault has occurred if necessary.
• Attending mediation: If you and your spouse do not agree on the details of the divorce, you may require additional steps before ending your marriage. The court may order mediation to help you negotiate.
• Receiving a divorce decree: Whether you and your spouse agree on the details or the judge must review your evidence to decide on a fair solution, the judge will issue a divorce decree that formally ends your marriage.

The timeline for divorce can vary depending on your situation. It may take only a few months in some cases. However, divorce may take longer if you and your spouse disagree on details, have valuable assets to divide or need to make decisions about a parenting plan for underage children.

What Are The Grounds For An Ohio Divorce?

Ohio allows both fault and no-fault divorces. Typically, for no-fault divorces, spouses must first be separated for around one year.

To consider a divorce an “at-fault divorce” in Ohio, it must meet at least one of the following requirements:

• Spouse was willfully absent for at least one year: They moved out or stopped engaging in the relationship.
• Spouse neglects marital duties: They stop financially contributing to the household or the family.
• Spouse had an affair: This can include physical, emotional or digital romantic connections with someone outside the marriage.
• Spouse displayed extreme cruelty: They were either verbally or physically abusive.
• Spouse entered a fraudulent marriage: This applies when one spouse hides information from the other before getting married, or if they forced the other spouse into marriage through threats or intimidation.
• Spouse has severe alcohol addiction: A spouse’s alcohol habits create problems in the marriage.

Understanding your grounds for divorce can help you move forward with the process. If you still need to figure out where to start, call our divorce attorneys today at 380-217-3322 or fill out our online form so we can discuss your circumstances at length.

Schedule A Consultation With One Of Our Columbus Divorce Attorneys

To schedule a divorce consultation with a divorce lawyer at Sowald Sowald Anderson Hawley & Johnson, call 380-217-3322 or fill out the contact form on this website. Our law office is on Fifth Street in downtown Columbus.

Related Blog Posts:

• Which divorce parent has the right to claim their child on taxes?
• When will you need post-divorce modifications?
• The dangers of posting about your divorce on social media
• What happens to your stocks in a divorce
• 3 tips to prepare for the financial side of divorce
• Will my retirement funds get divided in a divorce?
• How do I divide my finances and property during a divorce?