Kent Divorce Lawyers
Are you going through a divorce in Kent, Ohio? Our experienced Kent divorce lawyers at Atkins And Atkins, Attorneys At Law, LLC can protect your interests at every turn. Contact us or call (614) 485-8248 today for a free consultation.
We have over 30 years of combined experience, and have the knowledge and skills to help you develop the most successful solutions possible during this difficult time. To learn more about how we can help, call our law offices to schedule a free and confidential case review.
Why Choose Atkins And Atkins, Attorneys At Law, LLC for Help With Your Divorce in Kent, OH?
At Atkins and Atkins, Attorneys at Law, LLC, we recognize how critical the outcome of your divorce can be. Final divorce decrees are not easily modified, so it’s vital to get it right the first time. Our dedicated family law team is here to help you pursue the best possible resolution—one that protects both your future and your peace of mind.
We understand the emotional and financial toll a divorce can take. The decisions you make today will affect your family, your finances, and your long-term well-being. With deep knowledge of Ohio family law and a commitment to personalized legal support, we provide the skilled representation you deserve during this pivotal time.
It’s never too early to understand your options. Contact us today to schedule your confidential consultation with a Kent family law attorney.
Understanding Ohio Divorce Laws: Divorce and Dissolution of Marriage
Ohio uses two separate terms when it comes to divorce: “divorce” and “dissolution of marriage”. While the end result is the same—the legal end to a marriage—the two terms mean different things in Ohio.
Legally speaking, a “dissolution of marriage” is an uncontested divorce. The term “divorce” refers to situations where at least one issue is contested.
What Issues Must Be Resolved Before My Divorce Can Be Finalized?
Typically, the following relevant issues must be resolved before a divorce can be finalized:
- Division of marital property
- Child custody
- Child support
- Alimony, or spousal support
If you and your spouse have resolved these issues, you can file for dissolution of marriage with very little involvement from the family law judge. Still, it’s important to have a trusted attorney by your side to help you navigate the legal issues–and avoid costly mistakes.
When issues are hotly contested, hiring an experienced attorney becomes even more critical.
What Are the Residency Requirements and Waiting Periods to Obtain a Divorce in Ohio?
Prior to filing divorce papers in Ohio, you must reside in the state for at least six months.
Waiting periods also apply. Even if you’re filing for a dissolution of marriage, the judge cannot finalize the divorce until at least 30 days have passed from the date the divorce papers were filed.
Our Experienced Divorce Attorneys in Kent Handle All Types of Divorce Cases
With decades of experience handling family law matters, our team has the skills to successfully resolve any type of divorce case, including:
- Contested divorce
- Uncontested divorce, or dissolution of marriage
- Collaborative divorce
- High net worth divorce
- Interstate divorce
- Divorces involving business interests
- Military divorce
- LGTBQ divorce
You deserve to have an experienced attorney standing by your side at every stage of the divorce. To learn more about how we can help make the process as easy as possible, call us for a confidential consultation today.
What is the Process for Obtaining a Divorce in Ohio?
Divorce is a huge decision. Before filing for divorce, it’s important to gain a basic understanding of the divorce process in Ohio.
Filing the Initial Divorce Complaint
Either spouse can file papers with the court in order to initiate the divorce process. To begin the process, one spouse files a “complaint” with the court. This complaint will contain basic information, including the “grounds” for divorce.
The complaint lists information about the outcome that the filing spouse desires, including details about:
- Property division
- Spousal support
- The couple’s children
- Payment of attorneys’ fees and court costs
This is essentially a form document. It’s extremely basic and generally serves to simply begin the divorce process. In divorce cases involving contested issues, additional information will be required.
Depending on the facts, you may complete and file an Affidavit of Basic Information, Income and Expenses, an Affidavit of Property and Debts. Additional forms may be required, depending on the exact issues that are contested.
Service and Answer
The spouse who files the paperwork must also serve their spouse with the relevant papers.
That spouse then has 28 days to file an answer. That answer contains the responding spouse’s position–meaning whether they agree with or contest the filing spouse’s requests.
If both spouses agree, they can essentially submit the paperwork to the family court judge at this point. Assuming the agreement is reasonable and respects the best interests of any minor children, the judge can finalize the divorce after the 30-day waiting period has passed.
Discovery
In contested divorce cases, each spouse will be required to disclose information during a discovery process. Specifically, information about the spouses’ finances, assets, debts and other relevant information must be disclosed.
The discovery phase can be incredibly difficult–especially when one spouse attempts to conceal assets or manipulate their finances to avoid a fair result. Legal representation is incredibly important during this phase. Your attorney can facilitate mediation, help you identify your priorities, and develop solutions to complicated issues.
During the discovery phase, it’s possible to transform a contested divorce into an uncontested divorce to avoid trial.
Divorce Trial
When two spouses cannot reach an agreement on their own, a trial will be necessary. The family law judge will step in, evaluate evidence, and listen to each spouse’s side. Once the judge has evaluated the evidence, they’ll issue a final divorce decree. That decree will govern the division of property, spousal support, child support, and custody.
What Are the Grounds for Divorce in Ohio?
In the initial complaint, the filing spouse must state their grounds for divorce. Most often, the cited reason is “incompatibility”. This is essentially a no-fault divorce.
Under Ohio law, however, the filing spouse can cite a specific reason for the divorce, including:
- Their spouse was already married when the marriage took place
- Their spouse was willfully absent for at least one year
- Adultery
- Extreme cruelty
- Fraud
- Any gross neglect of duty
- Habitual drunkenness or drug abuse
- Imprisonment
- The two spouses had lived separately and apart for at least one year
- Their spouse has obtained a divorce outside the state
While the filing spouse initially cites the reason for the divorce, the responding spouse has the ability to contest the grounds that were cited.
How Are Marital Assets Divided When a Couple Divorces in Kent, OH?
All marital assets and debts must be divided between the two spouses before the divorce settlement can be finalized. Property division can be difficult–especially in cases involving lengthy marriages.
It’s first necessary to divide the assets (and liabilities) according to whether they are marital or separate property. Only marital property is subject to division in divorce.
Marital property generally includes any property acquired during the marriage.
That includes:
- A family home
- Real property or personal property purchased by either spouse during the marriage
- Bank accounts funded with income earned by either spouse during the marriage
- Retirement benefits
- Vehicles
- Investment accounts
Ohio has an equitable division standard. While courts begin with the idea that marital property should be split equally in a divorce, they have the authority to order a different division if an equal split wouldn’t be fair.
When the couple has signed a prenuptial or postnuptial agreement, the terms of that agreement will generally be respected unless they are extremely unfair or the agreement was signed under duress.
How Do Spousal Support and Alimony Work in Ohio?
In Ohio, the court will determine whether to award alimony to either spouse. One spouse must proactively request alimony for spousal support to become an issue–it’s not automatically considered.
Generally, courts will order alimony based on the requesting spouse’s need for support–and the paying spouse’s ability to pay.
How Do Ohio Courts Resolve Child Custody and Child Support Issues in a Divorce?
Child support and custody matters are often among the most difficult to resolve when a couple decides to divorce.
Child support in Ohio is calculated based on:
- The number of children
- The parents’ custody arrangement
- Each parent’s income and assets
Decisions regarding child custody are always made based on what is in the child’s best interests. Our team is often able to help parents reach an agreement without the need to hand the decision over to the judge.
Contact Our Experienced Kent Divorce Lawyers to Schedule a Free Consultation Today
The outcome of a divorce will impact your family’s life for years to come. If you’re considering divorce, contact our trusted Kent divorce attorneys today. At Atkins And Atkins, Attorneys At Law, LLC, your consultation is always free and confidential.
