Columbus Divorce Lawyer
Are you considering filing for divorce in Columbus, OH? Our team at Atkins And Atkins, Attorneys At Law, LLC is here to provide guidance, support, and answers throughout this challenging time. You deserve to work with an experienced Columbus divorce lawyer who protects your interests contact us at (614) 485-8248 for a free consultation.
Our seasoned team of attorneys is equipped to handle all types of divorce cases. We know the law inside and out, and we’re well-prepared to help you develop solutions for even the most complex and sensitive family law issues. It’s never too early to seek legal advice.
How Atkins And Atkins, Attorneys At Law, LLC Can Help You With Your Divorce Matter in Columbus
Even if you and your spouse agree about the need to split, it’s rare to be on the same page about every issue. You deserve an experienced advocate who will stand up and fight for results.
That’s exactly what you can expect when you hire our experienced Columbus divorce lawyers at Atkins And Atkins, Attorneys At Law, LLC. We’re a full-service family law firm. We understand the complex divorce issues that you’re facing and know how to resolve them.
You can count on us to:
- Carefully evaluate your situation and objectives
- Ensure you understand the divorce process
- Facilitate options for resolving your case without trial
- Collect records and evidence to support your case and arguments
- Handle all paperwork
- Negotiate with your spouse’s attorney for a favorable settlement
- Represent you at any hearings and at trial, if necessary
Our Columbus family law attorneys have decades of combined experience. We will stand by your side at every turn. Call our Columbus, Ohio office today to learn more.
Ohio Divorce Laws: An Overview
In many states, the terms “divorce” and “dissolution of marriage” mean the same thing. However, in Ohio, a “dissolution of marriage” is essentially an uncontested divorce.
A dissolution of marriage is when spouses have already agreed upon all relevant issues, including:
- Division of property
- Alimony or spousal support
- Child custody
- Child support
On the other hand, when you file for divorce, you’re asking the family law judge to resolve at least one contested issue. It’s also possible to file for divorce and later petition to have the action converted into an action for the dissolution of marriage.
There are many advantages to pursuing dissolution of marriage instead of divorce. If you and your spouse haven’t been able to resolve critical issues, our lawyers in Columbus can help. We can handle the communications and facilitate meaningful negotiation and medication. Contact our law firm today to learn more about this practice area.
What Are the Residency Requirements for Filing Divorce Papers in Ohio?
You must reside in Ohio for at least six months prior to filing for divorce.
Understanding the Basic Divorce Process in Ohio
To initiate the divorce process, one spouse files papers with the court. The initial paperwork is called the complaint. In the complaint, you’ll state the grounds for divorce.
The complaint also contains basic information about what the filing spouse wants, in terms of things like:
- Property division
- Spousal support
- Financial disclosures
- Child support
- A final divorce decree
When a divorce involves contested issues, you’ll also have to attach any relevant forms. Those forms will typically include an Affidavit of Basic Information, Income and Expenses, an Affidavit of Property and Debts, and other relevant forms depending on your unique situation.
You’ll then serve the paperwork on your spouse. Once they’ve received the complaint, they have 28 days to respond. The responding spouse’s answer will tell the court whether they agree or disagree with the information in the complaint.
The paperwork alone can be overwhelming. While you may not be required to complete every form, it can be tough to know what paperwork is necessary for your circumstances. Our experienced Columbus divorce attorneys have years of experience handling family law matters. We’re here to make the divorce process run as smoothly as possible.
Discovery
When issues are contested, a discovery process will begin after the responding spouse files their answer. During discovery, you and your spouse will exchange basic information about your finances and the divorce in general.
Your attorney can facilitate mediation and negotiation throughout the discovery process.
Trial
Family law issues can be incredibly difficult to resolve. If you and your spouse cannot reach a settlement, the family law judge will decide on contested issues. At trial, each party will present evidence and tell their side of the story. It’s critical to have an experienced Columbus divorce attorney by your side during trial.
Once the judge has heard your case, they’ll issue a final judgment. This divorce decree will contain details about property division, alimony, child support, and child custody.
What Are the Grounds for Divorce in Ohio?
When you file for divorce in Ohio, you must cite the grounds for divorce. Ohio has 11 grounds for divorce.
Under Ohio law, you can obtain a divorce based on any of the following grounds:
- Adultery
- Either spouse was already married when the current marriage took place
- Willful absence of a spouse for at least a year
- You and your spouse have lived apart without cohabitation for at least one year
- Extreme cruelty
- Gross neglect of duty
- Fraud
- Drug or alcohol abuse
- Imprisonment
- One spouse’s procurement of a divorce outside the state
As in most states, you can also obtain what amounts to a no-fault divorce. If you and your spouse agree, you can simply cite “incompatibility” as the reason for the divorce. Of course, your spouse does have the right to deny that the marriage simply broke down due to incompatibility.
How Are Assets Divided When a Couple Divorces in Columbus?
Property division is often a deeply contested issue.
Under Ohio family laws, assets are first divided into two categories: marital property and separate property.
Separate property generally includes assets, real estate, gifts, inheritances, and debts owned by either spouse prior to the marriage. Separate property is not subject to division in divorce.
Marital property is any property acquired by either or both spouses during the marriage, such as a home, bank accounts, cars, and retirement benefits.
Courts in Ohio begin with the presumption that marital property should be divided equally. However, if a 50-50 split would be inequitable, the judge will divide property in an equitable manner. The terms of any prenuptial agreement or postnuptial agreement will also be important.
Spousal Support and Alimony in Ohio
Spousal support isn’t automatic in Ohio. Either spouse can request alimony. Courts will consider various factors in deciding whether to award alimony. Generally, important considerations include the paying spouse’s ability to pay and the recipient spouse’s need.
Additional factors include:
- Each spouse’s age and health
- The length of the marriage
- Each spouse’s living expenses
- Each spouse’s education, job prospects, and work history
- How each spouse contributed to the marriage, including provision of household services and childcare
- Child custody arrangements
- The allocation of marital assets and liabilities
- Tax consequences
Courts also have the authority to award temporary alimony while divorce proceedings are in progress.
What Should I Know About Child Custody and Child Support in a Divorce?
Every parent in Ohio has certain rights and responsibilities. Those responsibilities include an obligation to support children financially. Broadly speaking, child support is based on the parent’s income and assets, the number of children involved, and custody arrangements.
Judges in Ohio make custody determinations based on the child’s best interests. Your final divorce decree will contain details about legal and physical custody. Legal custody determinations resolve decision-making authority. Physical custody, of course, involves determining a parent’s right to spend time with their child.
Divorce is almost always complex for families with children. Our attorneys can help you and your spouse develop a parenting plan that works for your family. Contact us today to get started.
Our Trusted Divorce Attorneys in Columbus Handle All Types of Divorce Cases
Our skilled team represents clients in all types of divorce cases in Columbus, including those involving:
- Interstate divorce
- Contested divorce
- Uncontested divorce (a.k.a. “dissolution of marriage”)
- Collaborative divorce
- High net worth divorce
- Military divorce
- LGTBQ divorce
We’re here to help you get the answers you need and deserve. Contact Atkins And Atkins, Attorneys At Law, LLC today to learn more about your legal rights and options in divorce.
Contact an Experienced Columbus Divorce Lawyer to Arrange a Free Consultation Today
Our team at Atkins And Atkins, Attorneys At Law, LLC is here to make things as easy as possible for your family. We know things are complicated right now. An experienced Columbus divorce lawyer can help you identify your priorities, set goals, and work toward favorable solutions. Contact us today to schedule a consultation.
