Family Law
The area of family law, for the most part, involves the termination of marriage, as well as
establishing the rights and obligations of the parties involved in these actions.
Only the court that has jurisdiction over the parties, as well as the subject matter, can issue a
divorce decree, a dissolution decree, a decree of legal separation, or a decree of annulment.
Divorce Decree
Dissolution Decree
Decree of Legal Separation
Decree of Annulment
Child Custody
Child Support
Juvenile Matters
Enforcement of Court Orders
Domestic Violence
DIVORCE DECREE
The first step in a divorce action is the filing of a divorce complaint by the plaintiff, and service
of the complaint upon the defendant. Thereafter, the case will proceed as a non-contested case,
or a contested case, dependent upon whether or not the defendant retains counsel and/or files a
response to the complaint. The granting of a divorce requires a legal reason, which is referred to
as grounds of divorce. In a divorce action, by law, a court that grants a decree of divorce should
resolve, finally and completely, all matters surrounding the termination of the marriage. This
means that, in addition to terminating the marriage, the court should divide the property of the
parties (which includes the division of personal property, real property, financial accounts and
retirement benefits). Also, the court should issue the appropriate orders for the support of the
children of the marriage, as well as, potentially, for support of a former spouse if appropriate.
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DISSOLUTION DECREE
A dissolution of marriage in Ohio is, in essence, a termination of marriage by agreement. The
parties must agree to all matters surrounding the termination of the marriage, and they must
appear before the domestic relations court and indicate such agreement. So long as the court
approves the agreement of the parties, the court will grant a decree of dissolution of marriage to
the parties, which decree will order that the agreement of the parties become the order of the
court.
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DECREE OF LEGAL SEPARATION
In Ohio, there is also an action for legal separation, which action is much like a divorce in every
way, in that property is divided and support orders are made as appropriate, but the difference is
that the marital bond is not terminated, and the parties are still technically married. A decree of
legal separation cannot later be converted to a divorce decree, and if the parties in a legal
separation later desire a divorce, they must file a new divorce action.
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DECREE OF ANNULMENT
An annulment is a legal action in which a party seeks the domestic relations court's order that the
marriage was not legal from its commencement, on account of the meeting of certain specified
grounds for annulment, such as an underage party without parental consent, a party already
having a spouse, or fraud.
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CHILD CUSTODY
If the parties in a divorce action are not in agreement as to which parent should have custody of
the children, the court will decide the issue based upon what it believes to be in the best interests
of the child. The law describes certain factors which must be taken into account in determining
the best interests of the child, such as the wishes of the child's parents, the wishes and concerns
of the child as expressed to the court if appropriate, the mental and physical health of all persons
involved in the situation, plus other factors named in the statute, plus any other evidence which
the court believes is relevant to the issue.
Generally, a parent who does not have custody of a child will be granted reasonable parenting
time by the court, unless it is shown that parenting time would not be in the child's best interest.
It should also be noted that, sometimes, a non-parent, such as a grandparent, can be granted
parenting time if the person has a relationship with and interest in the child.
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CHILD SUPPORT
Child support in Ohio is determined by courts using a mandatory computation that takes into
account the incomes of the parties, work-related daycare expense being incurred, plus some other
factors. Ohio law requires that child support be paid by wage assignment (automatic deductions
from the paycheck) whenever available. It should further be noted that an order for child support
can be changed anytime there is a change in circumstances from the time that the child support
was ordered. This means that a significant increase in, or loss of, income, can result in a change
in child support. Parties can agree upon a modification of child support, which agreement would
then need to be approved by the court, or the court can change the child support as a result of a
hearing. In Ohio, child support is generally paid until the child attains the age of 18 years and
graduates from high school, so long as the child is attending high school on a full-time basis, but
not past age 19. A court can, when determining child support, also determine which parent
should have the right to claim the child or children for tax purposes.
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JUVENILE MATTERS
The area of family law also involves some legal proceedings that do not involve a termination of
marriage. For example, juvenile court has jurisdiction to make custody and support orders in
cases where the parents of a child are not married. Such juvenile court actions may require the
Court's finding of paternity before custody and support orders can be made, because a child not
born during a marriage may not have a legal father.
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ENFORCEMENT OF COURT ORDERS
It should also be noted that orders issued by the courts previously
described are enforceable via the filing of contempt motions. Specifically,
a party can enforce a court order by filing a motion to show cause and order
to show cause. In the hearing on the motion, if the court agrees that a
party has disobeyed an order of the court, the court will find the
disobedient party in contempt of court. This can result in a jail sentence,
a fine, and the award of attorney's fees, in addition to the enforcement of
the order itself.
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DOMESTIC VIOLENCE
Domestic violence cases can be criminal or civil in nature, and frequently involve parties who are
married, were previously married, or who are living together. Although a civil domestic violence
action is not a divorce, in some instances such actions result in the issuance of custody and
support orders. The protection order in a civil domestic violence action generally lasts a number
of years after the case goes to court, whereas the protection order that issues in a criminal
domestic violence action ends with the conclusion of the criminal case. A person who violates a
protection order issued in either a civil or a criminal domestic violence case can be charged with
violating the protection order, which is a crime in its own right.
If you would like to discuss your circumstances in complete confidentiality, call 937-275-7170 or TOLL FREE 1-800-789-7170 for a FREE
Consultation, or complete our online form.
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