If you are considering a divorce or have decided to move forward with a divorce, you are in the midst of a difficult chapter of your life. While a divorce is never easy, an experienced family law attorney can help make the process as amicable as possible and set the groundwork for your success moving forward.
At Peterson & Peterson, we will treat your case with the professionalism and care that you deserve. Let our family of attorneys protect and fight for your family’s rights and well-being. We understand how to navigate the sometimes volatile process of divorce and we will provide personalized and responsive representation.
To obtain a divorce in Ohio, you must have lived in the state for 6 months prior to filing. To initiate the process, a complaint is filed with the court that outlines the grounds for which the divorce is being obtained. The clerk of the court then “serves” a copy of the complaint to the spouse who has 28 days to file a response to the complaint or file their own counterclaim. If a counterclaim is filed, the opposing spouse has the opportunity to respond.
In some cases, the terms of the divorce are agreed upon by both spouses and recorded in a decree that is signed and submitted to the court for approval. When agreements cannot be reached, a trial date will be assigned.
The process often involves complicated negotiations and communications with combative spouses. Peterson & Peterson will guide you through the process, discussing important options and protecting your rights and family.
Ohio is an equitable distribution state meaning that the family court judge ultimately decides how assets are divided between the spouses based on what he or she thinks is fair. This is assessed based on length of marriage and determination of which assets are separate property and which are marital property.
Assets you owned prior to the divorce are considered “separate property” and will remain yours. However, mutually held property, or “marital property,” will be divided between spouses. The presiding judge will consider each spouse’s efforts to obtain those assets as well as contributions to the family.
Asset division can be a heated process in which both spouses fight to keep what they feel is rightfully theirs. Peterson & Peterson family law attorneys will use their expertise to help fight for you to maintain what is important to you.
The court will also allocate parental rights and responsibilities based on the best interest of any minor children (those under the age of 18 or not yet graduated from high school). Rights and responsibilities include both parental decision-making and time-sharing privileges. The court will give strong consideration to any mutually agreed upon shared parenting plan submitted by one or both spouses.
Understandably, child custody is generally the most emotional aspect of any divorce. Peterson & Peterson knows that the best interest of the children is what matters most and we will advocate for their security and well-being.
At Peterson & Peterson we understand the difficulty of the divorce process and we will use our years of experience to guide you. Our divorce attorneys will help you customize an effective strategy based on the unique details of your situation and your and your family’s best interest. We want to be a part of setting you up for success and happiness in your new life.
Peterson & Peterson, attorneys of family law, are on your side and ready to help. Serving Xenia, Fairborn, Dayton, Kettering, Oakwood, Centerville, Bellbrook, Beavercreek, and surrounding areas, we will fight to protect your rights and family. Contact us today for a consultation and let us support you with the expertise and compassion you deserve.