I want a divorce. Do I need an attorney?
The law offices of Randal A. Lowry & Associates highly recommend that you obtain a competent lawyer who concentrates his or her practice in family law. The termination of your marriage is a highly complex area of the law that involves lifetime decisions such as custody, child support, division of assets, division of retirement benefits and spousal support. Furthermore, a divorce is a highly emotional process. As a consequence, you need advice from a competent divorce lawyer.
What is the difference between a divorce and dissolution?
There are many differences between a divorce and a dissolution of marriage. A dissolution of marriage is an agreement reached between the parties as a result of negotiations. The agreement is reached prior to filing any paperwork with the Court. The law offices of Randal A. Lowry will only proceed with a dissolution of marriage if there has been a full and complete disclosure of all assets and liabilities by both parties.
A divorce is a more formal legal process. The parties may invoke the Court's jurisdiction (power to hear the case) for temporary orders, subpoenaing of financial documents and employment documents and the like. Most divorce cases are settled prior to trial after all assets are identified, valued, and properly divided.
What is mediation?
Mediation is a process wherein the parties meet with a third party mediator who will attempt to obtain an agreement between the parties regarding issues submitted to the mediator such as division of personal property and parenting time for each party. Since a mediator is not permitted to give legal advice, Randal A. Lowry & Associates highly recommends mediation for limited areas in your case.
What is arbitration?
Arbitration is a process whereby each attorney submits his case to a trained or certified arbitrator who acts as a judge. Arbitration has many advantages including confidentiality, a speedier resolution of your case and the ability of an arbitrator to understand extremely complex and technical cases.
Is marital fault generally a factor in determining support or dividing property in a divorce?
Under Ohio law, marital fault is generally not considered as a factor in determining spousal support or division of assets. Marital fault may be considered with respect to custody issues. Furthermore, marital fault may be considered if there is financial misconduct which means one of the parties has used marital funds or assets for nonmarital purposes such as spending funds on a significant other, gambling, or some other unlawful purpose.
How long does it take to get a divorce?
The time it takes to obtain the divorce is dependent upon many factors including the willingness of each party to make a full disclosure regarding his or her assets and liabilities and the willingness of both parties to discuss a reasonable resolution of all matters. At Randal A. Lowry & Associates law offices, our concern is to protect the legal interests of our clients and to make certain our clients receive an excellent result as opposed to the quickness of the result.
What is sole custody?
Sole custody under Ohio law is referred to as the designation of primary residential parent and legal custodian. Under that type of custody, one parent has full control over all issues involving the children.
What is joint custody?
Ohio law does not recognize the term "joint custody." Ohio law contains a provision known as shared parenting.
What is shared parenting?
Shared Parenting is the preferred method of allocation of parental rights (custody). A shared parenting plan wherein all issues of raising the children are set forth in a detailed plan. The key to shared parenting is the ability of the parents to communicate for the best interests of their children and to encourage the children to have a loving and caring relationship with the other parent.
Does the court decide who gets custody?
As a very last resort the Court may decide which parent gets custody. However, prior to reaching that point, the Court has many processes and procedures the parties must first undergo prior to a full blown custody trial. These procedures may include court mediation, Court Family Services, guardian ad litem, and psychological testing.
I have stayed at home with the children throughout our marriage. Will I automatically get custody?
The mere fact that you have remained at home with the children does not necessarily mean that you will be the primary residential parent. The Court will take into consideration many different factors in allocating custody or shared parenting.
Does custody affect child support?
There are many different factors that go into determining child support including, but not limited to, the incomes of the parties, the cost for hospitalization coverage for the children, and the cost of work related child care. At Randal A. Lowry & Associates, we can assist you in calculating fair and reasonable child support.
If my spouse does not pay child support can I terminate visitation?
The payment of child support is not a precondition for visitation.
My ex-spouse will not follow the court's order. What can I do?
If your ex spouse is not following a court order, your remedy is to file an action with the Court seeking a contempt of court finding and ask the Court to enforce the order. Depending upon the nature of the contempt, the Court may impose sanctions against your ex spouse including, but not limited to, the payment of your attorney's fees and the imposition of jail time (under certain rare circumstances).
May I change the provisions in the divorce decree after it is entered?
The only time your Decree of Divorce can be changed is if the Court has retained jurisdiction to modify (make changes) to the Decree. The language in your Decree must specifically reserve jurisdiction for the Court to modify issues such as division of financial matters and spousal support. Generally, most issues relating to the children are subject to modification.
