Dayton:   (937) 223-0697                 West Chester:  (513) 785-0822

      Dayton:   (937) 223-0697                 West Chester:  (513) 785-0822

Divorce 

Southern Ohio’s Premier Divorce Attorneys

Dayton           West Chester

A divorce is a legal proceeding that ends a marriage. Through the divorce suit, you’ll work with the court and attorneys to determine the disposition of your joint property, spousal support issues, and custody and child support issues.

A divorce is the process of terminating a marriage when the parties cannot agree to ending their marriage in a mutual and amicable manner.  Throughout the divorce process, it is advisable to employ an attorney that is familiar with divorce and family law, so that they can guide you through the nuances that will present themselves throughout the divorce process, including but not limited to the division of assets, debts, spousal support, custody and child support.

In order to proceed with the filing of a divorce in Ohio, venue and jurisdiction requirements are required to be established.  In order to establish the venue and jurisdiction in Ohio, you must be a resident of the State of Ohio for six months prior to the filing of the divorce and a resident in the county in which you intend to file the divorce for ninety days.  

Once jurisdiction has been established, and before any document for the divorce is prepared, you need to discuss with your attorney, Ohio’s requirement that you must have cause in which to proceed with a divorce action.  In Ohio there are nine grounds/causes that allow an individual to proceed with filing a divorce action.  In the majority of divorce cases, incompatibility is the cause that both parties can agree.  If you are unclear on any of the causes/grounds, the attorneys at Kirkland & Sommers Co. LPA, can go over each cause/ground to determine if one or several causes/grounds meet your basis for filing a divorce action.  

Ohio is a no-fault state, which means that there is no blame placed on either party as to what attributed the end of their marriage.  Moreover, in a divorce, regardless of what had occurred to bring an end to the marriage, each party is entitled to receive an equitable division of marital assets.  

Your attorney will commence the preparation of the Complaint for Divorce and any motions (requests) for temporary orders that your specific divorce may require which may include, but is not limited to, temporary custody, temporary child support and temporary spousal support.  The reason why an attorney may file motions for temporary orders at the time the Complaint for Divorce is files, is due to the length of time that a divorce may take.  

In Ohio the courts timeline for a divorce with no children is twelve months and a divorce with children is up to eighteen months.  The temporary orders provide financial relief or custody/visitation arrangement during the pendency of the divorce, until the final order is determined.  A temporary order is not indicative of what the final court order will be.  Remember, each divorce case is completely different in its complexities, which may include the financial conduct of the parties, available assets, marital debt, parental interaction, etc.  

Discovery is the process of discovering or obtaining information through subpoenas, depositions, admissions, production of documents and interrogatories.  The discovery is, in a nutshell, fact gathering.   During the pendency of the divorce action, your attorney will conduct discovery to obtain records, in order to conduct a complete and accurate financial assessment. 

Once the discovery process has been completed in the divorce, it is time for you and your attorney to prepare for the divorce trial.  Nobody looks forward to litigating their divorce, but you need to remember that divorce negotiations will occur at some point in the divorce action.  It is always better to complete the discovery process so you and your attorney are fully prepared for divorce negotiations and if those divorce negotiations break-down, you will be prepared to present to the court, a full disclosure of the financial and parental aspects of the marriage.  

The divorce process is difficult and our firm understands the difficulty, both emotionally and financially, that you will encounter throughout the process.  Our firm only practices in divorce and family law and has over 100 years of combined experience in divorce and family law, so you can be comforted in knowing that the attorney that is working for you, is well educated and focused on your legal needs.  Of the five attorneys at Kirkland & Sommers Co. LPA, two are members of the American Academy of Matrimonial Lawyers, the highest achievement that a divorce and family law attorney can achieve in their career.  Our firm also has four attorneys that are Certified Specialists in the practice of Family Law.  Through the ever changing landscape of divorce and family law, our expert divorce and family law attorneys are on hand to guide you through this difficult time.

 

Are you considering a divorce?