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Divorce Family Law FAQ

Frequently Asked Questions

Q:

What Is the Difference Between Divorce, Dissolution, and Separation?

A:

The law in Ohio allows a husband and a wife to end their marital relationship in three different ways: by separation, divorce, or dissolution of marriage. To obtain a divorce or dissolution, you must have lived in the state for six months prior to filing. Separation laws do not require residency of the spouses.

  • Legal separation is a civil lawsuit that does not officially terminate the marriage, but it does allow the court to issue orders regarding property division, spousal support, custody, etc. The spouses remain married but can live their separate lives.

  • Dissolution of Marriage is when both parties mutually agree to end their marriage. The parties do not need to prove any fault or grounds to end their marriage. This usually occurs after the spouses have already signed a separation agreement. When you submit a Petition for Dissolution, the court will review your separation agreement, and if all parties are satisfied with the settlement, the can grant the dissolution of marriage and the marriage will be terminated.

  • Divorce is a civil lawsuit to end the marriage, and usually arises when spouses cannot resolve issues and require a court to make the decisions for them regarding property, custody, and support matters. A complaint is filed, the papers are served to the spouses, and parties must reach a settlement agreement or issues will be decided upon by a judge.

Q:

How Is Child Support Determined?

A:

Child support in Ohio is calculated according to the statutory guidelines that include the number of children, the gross income of both parents, and other additional factors such as cost of medical care, child care, and other factors. The court will take into consideration any deviations unique to your case.

Q:

What Are My Responsibilities as A Client?

A:

When you have established an attorney-client relationship, you have a duty to communicate your wishes and desires to your attorney, be honest, and trust your attorney to guide you through the process. Never lie or withhold information from your attorney, as this can hurt your case and credibility with the court. Surprises are never a good thing, so be truthful in all of your interactions.

All communication between you and your attorney is confidential and private.

If you have additional questions, feel free to call our team at 937-502-3420.

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