What are the procedures for a divorce?
A divorce requires that several specific documents get filed in the court where the parties live. Once the papers are filed, they must be served on the other person, and the court schedules court events. If there are attorneys, the attorneys start to exchange information, and may attempt to negotiate terms and conditions for the divorce. If you have been served with divorce papers, or are considering a divorce, Kendall Legal Services may be able to assist you.
What is no-fault divorce?
No fault divorce simply means that a court will grant a divorce without the moving party having to prove fault on the part of the other party. It means its possible to get a divorce on the basis of incompatibility, among other things.
If my spouse stops paying child support, can I stop him or her from seeing the kids?
No. In Ohio, if the person obligated to pay stops paying, you have to contact the Child Support Enforcement Agency in your county, or file an action in court asking to the other party to be held in contempt of court. But, if you stop the parenting time, the other party can ask the court to hold you in contempt.
If I'm awarded alimony or child support, what happens if my ex-spouse dies?
If the person ordered to pay support dies, the support ends.
How is child support determined?
In Ohio, there is a statute which calculates a "guideline" amount of support. The guideline calculation considers things like the parents income, the number of children, the number of overnight visits the parents have per year with the children, the availability and cost of health insurance for the children, and other factors. It's also possible for parents to deviate from the guideline amount of support, but the court must be convinced that the children will have adequate financial support.
Can my spouse prevent me from seeing my children?
Generally, no. If there is an order for parenting time, both parties are obligated to follow it. If it isn't followed, the person whose parenting time is being denied can ask the court to find the other party in contempt of court.
How is child custody determined?
In Ohio, child support is often determined according to statutory guidelines which consider things like the income of both parents, the number of children, the parenting time that both parents have with the children, the availability and cost of health insurance for the children, and sometimes things like the distance between the parent's homes. Child support can also be deviated if the parent's can work out and agree to a different arrangement for supporting the children financially.
How is alimony determined?
These is no set method for determining alimony. The court considers things like: income, expenses, ability to work, work history, and length of marriage, among other factors, to determine spousal support. Spousal support can either be non-modifiable or modifiable following the divorce.
How is property divided?
The court will assist the parties to divide marital property fairly, or "equitably." Equitable doesn't necessarily mean everything is divided right down the middle, but does mean that the assets are distributed in a fair manner that makes sense for both parties.
What is an uncontested divorce?
An uncontested divorce means the defendant, or party who did not file for divorce, is not opposed to the grant of a divorce to the moving party.