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With over 25 years of diverse experience spanning a wide array of legal matters from uncontested divorces to complex child custody cases, Alise Price is committed to protecting all of her clients’ best interests. Areas of practice include,
but are not limited to: |
DISSOLUTION
A dissolution of marriage process may eliminate much of the divorce process and expense. Unlike a divorce, fault grounds are not at issue. Dissolution is often thought of Ohio’s “no-fault divorce”.
A dissolution petition is not filed with the court until the parties have reached an agreement on all the issues that must be addressed in a divorce matter, including custody, visitation, child support, spousal support, division of property, payment of debts, and payment of attorney fees.
When an agreement is reached the dissolution paperwork is signed and filed with the court. Once file, a hearing must take place within 30 to 90 days. Both parties must appear and testify that they are satisfied with the agreement; that they have made full disclosure of all assets and liabilities; that they have voluntarily signed the agreement; and that they both want the marriage dissolved. The court must also approve the parties' agreement.
A dissolution petition is not filed with the court until the parties have reached an agreement on all the issues that must be addressed in a divorce matter, including custody, visitation, child support, spousal support, division of property, payment of debts, and payment of attorney fees.
When an agreement is reached the dissolution paperwork is signed and filed with the court. Once file, a hearing must take place within 30 to 90 days. Both parties must appear and testify that they are satisfied with the agreement; that they have made full disclosure of all assets and liabilities; that they have voluntarily signed the agreement; and that they both want the marriage dissolved. The court must also approve the parties' agreement.
DIVORCE
The divorce proceeding begins with the filing of a complaint. Following this, divorce "papers" are served to the other party, but the divorce cannot be granted for at least six weeks after the other party is served.
A party to a divorce may request the court to grant temporary orders to be in effect while the case is pending. The goal in issuing temporary orders is to preserve the family's status quo, both financially and as to responsibilities to any minor children. In many cases, there is insufficient income to support separate households. Temporary orders can include the designation of residential parent and allocation of the parental rights and responsibilities of minor children, child support, spousal support, and payment of attorney fees and litigation expenses.
A party also may be ordered to refrain from physically and verbally harassing the other, and to keep marital assets intact so that the court can divide them as part of its final orders.
Throughout the divorce process, hearings may take place to determine the merits of temporary requests or to make a party comply with the court's temporary orders.
While a divorce case is going on, each party has the right to find out about all property, marital or not, owned by either or both parties, through a process called “discovery”. Professionals are often brought in to determine the value of assets such as real estate, businesses, and pension plans. These professionals can be brought into court through the use of subpoenas.
In Ohio, there are no jury divorce trials. Divorce cases are either settled by agreement of the parties or tried before a trial judge or magistrate. If a case is settled, the agreement becomes the court's order. One or both of the parties may obtain the divorce without lengthy testimony about the grounds for the divorce, and it may not be necessary for more than one party to appear at the final hearing.
A party to a divorce may request the court to grant temporary orders to be in effect while the case is pending. The goal in issuing temporary orders is to preserve the family's status quo, both financially and as to responsibilities to any minor children. In many cases, there is insufficient income to support separate households. Temporary orders can include the designation of residential parent and allocation of the parental rights and responsibilities of minor children, child support, spousal support, and payment of attorney fees and litigation expenses.
A party also may be ordered to refrain from physically and verbally harassing the other, and to keep marital assets intact so that the court can divide them as part of its final orders.
Throughout the divorce process, hearings may take place to determine the merits of temporary requests or to make a party comply with the court's temporary orders.
While a divorce case is going on, each party has the right to find out about all property, marital or not, owned by either or both parties, through a process called “discovery”. Professionals are often brought in to determine the value of assets such as real estate, businesses, and pension plans. These professionals can be brought into court through the use of subpoenas.
In Ohio, there are no jury divorce trials. Divorce cases are either settled by agreement of the parties or tried before a trial judge or magistrate. If a case is settled, the agreement becomes the court's order. One or both of the parties may obtain the divorce without lengthy testimony about the grounds for the divorce, and it may not be necessary for more than one party to appear at the final hearing.
CUSTODY AND PARENTING TIME
In Ohio, if you previously went through a court proceeding where custody and parenting time was established (including a divorce), you may ask to have your previous agreement modified at any time. If you and the other parent agree, you can simply file a motion asking the court to modify the new custody order. You will have to pay a filing fee and complete court-required forms (called affidavits) that will be attached to your motion. You then submit your written agreement to the court for approval. You can either completely replace your previous agreement or modify certain provisions of your previous order. You must file the new motion and agreement in the same county in which your previous action took place.
The process can take from 9 to 12 months, depending on how complex the case is. In any custody case, either parent can ask the court to appoint a guardian ad litem (GAL). This is a third-party (an attorney) the court appoints to investigate the “best interests” of the children. Both parents can explain to the GAL their points of view, in detail. The GAL will also talk to the children and observe them in the parties’ homes, will talk to significant others, such as family members, friends, teachers and counselors. Once this investigation is complete, the GAL will issue a report to the court and make a recommendation about what would be in the children’s best interests.
The process can take from 9 to 12 months, depending on how complex the case is. In any custody case, either parent can ask the court to appoint a guardian ad litem (GAL). This is a third-party (an attorney) the court appoints to investigate the “best interests” of the children. Both parents can explain to the GAL their points of view, in detail. The GAL will also talk to the children and observe them in the parties’ homes, will talk to significant others, such as family members, friends, teachers and counselors. Once this investigation is complete, the GAL will issue a report to the court and make a recommendation about what would be in the children’s best interests.
CHILD SUPPORT
Child support is calculated according to a formula written into state law and has been revised effective March 2019, for the first time in 25 years. That formula combines the father’s and mother’s gross income. There are certain allowable deductions from each parent's gross income. These deductions include the sum of local income tax actually paid, any child or spousal support order for other children or former spouses, and the value of a federal dependency exemption for each dependent of his or her household (not including the dependents for whom child support has been ordered).
The total of this adjusted gross income of both parents is then applied to a chart, which identifies the amount of support required to raise children in their parents’ income category. The paying parent will pay his or her pro-rated share of that charted amount.
Child support is payable until the child reaches the age of 18, or until he or she graduates from high school, whichever is later.
The total of this adjusted gross income of both parents is then applied to a chart, which identifies the amount of support required to raise children in their parents’ income category. The paying parent will pay his or her pro-rated share of that charted amount.
Child support is payable until the child reaches the age of 18, or until he or she graduates from high school, whichever is later.
SPOUSAL SUPPORT (previously known as alimony)
In Ohio, there are no set guideline calculations for courts to follow when deciding whether to order spousal support or when determining the type, amount, manner, and duration of payments. The law requires that courts assume each spouse contributed equally to the marital income, for example, either by working outside of the home or by taking care of the home and/or children so that the other spouse could earn income. In addition, the law requires that courts consider the following factors:
- all sources of the spouses’ incomes, including from property divided in the divorce
- each spouse's earning ability (how much a person could earn based on education, skills, job history, and employment opportunities)
- the spouses' ages and health (physical, mental, and emotional)
- the spouse's retirement benefits
- the duration of the marriage
- whether one spouse has custody of a minor child of the marriage and will be unable to work outside of the home as a result
- the standard of living during the marriage
- each spouse's education
- each spouse's assets and debts, including any payments the court ordered
- whether either spouse helped the other to get training, education, a professional degree, or increased income during the marriage
- the time and expense it will take for the spouse asking for support to receive education, training or job experience that will allow that spouse to obtain sufficient employment, if the spouse in fact seeks that education, training, experience, and employment
- whether a spouse contributed to the marriage as a homemaker and has a decreased earning ability as a result
- how spousal support will affect each spouse’s taxes, and
- any other factor the court finds to be relevant and fair to consider