Family Law Lawyer and Attorney Ashtabula County, Lake County

Family Law:

The termination of a marriage is a serious matter, and not something where one size or strategy fits all. Every divorce or dissolution is unique, and cannot be shoe-horned into one package. Beware of drugstore or internet forms- the issues involved in divorces are often incredibly complex and require consultation with a qualified attorney. We have included topics for which you should be aware, but do not take any of this as legal advice as these issues must be handled personally.

Children are often the most critical issues in a divorce, and too often the most abused. For this reason, Ashtabula County Courts require parents to attend a parenting class and mediation before the Court will terminate the marriage. Mediation is a meeting between the parents and a trained court mediator to attempt to reach an agreement on custody issues and property issues. The Court also encourages parents to reach their own shared parenting plan and provides a minimum Ashtabula County Standard Companionship Order. You can find a copy of the document here.

Of course property issues are also important, including pension and retirement plans, real estate, personal property and debts. A wife can usually be restored to her former name, if desired. There are several means of dissolving a marriage, including annulment, dissolution and divorce.

For your consultation, you should bring the following:

Three years of federal income tax returns.
Paystubs showing gross income and all deductions.
Copies of car titles and real estate deeds.
A list of all creditors with current balances.
A statement of monthly expenses.

Annulment:

Rarely used, a Court may terminate a marriage through a procedure called an annulment, which is usually found on the basis of a legal mistake.

Dissolution:

The parties reach an agreement on all terms for terminating the marriage before filing a petition and separation agreement. A hearing is usually held within sixty (60) days. We encourage parties to reach their own agreement.

A Separation Agreement saves a lot of time, saves a lot of attorneys fees and you get to draft your own settlement as opposed to living with a judgment from a judge you've never met. A separation agreement must address the following issues:

Real estate. Who gets the property, whether its sold, and who bears the cost of mortgages, insurance, maintenance and real estate taxes?
Allocation of parental rights. Who is the residential parent? What kind of time does the non-residential parent receive? Holidays? Often times, the parents agree on the Ashtabula County Standard Order of Companionship. A copy of the document can be found here.
1. Child support, determined by the statutory guidelines.
2. Medical insurance, and how costs are divided not covered by insurance.
3. Exemption for state and federal income taxes

Division of real and personal property. Who gets what?
1. Marital property (including pensions), usually acquired during marriage, is usually divided equally between the parties.
2. Separate property, usually property acquired outside the marriage or through gift or inheritance, is usually not divided.
  - Please note that marital/separate property issues can be very complicated.

Division of debt.
Spousal support- both the amount and the term.
Whether the wife wants to be restored to a former name.

Divorce:

Essentially the last resort for people who just cannot agree or if there are domestic violence issues. Divorce is expensive and time consuming, and the Court will still require that you take a parenting class and undergo mediation.

Most divorces still are resolved by an agreement and not court trial.

Common issues include:

Child custody. The Court will look at the following factors, among others:
1. Wishes of the child
2. Child's adjustments to family, school, community
3. Child support arrearages
4. Whether either parent is planning on relocating out of county/state
5. The parent most likely to honor visitation for the other parent.

There are restrictions imposed for relocating with a child outside of your county, so consult with your attorney if you are planning to relocate.

Child support. The Courts generally follow statutory guidelines and all payments must be made through the Child Support Enforcement Agency. You cannot make payments directly to the residential parent. Child support can change, based on changes in the parent's income, daycare costs and costs for covering the child on medical insurance.
Property division issues, particularly if one party brought money or property into the marriage.
Spousal support. The Court will look at the following factors, among others:
1. Length of marriage
2. Homemaking responsibilities
3. Differences in income and retirement benefits.
4. Child rearing responsibilities
A party may also request the Court to restore them to a former name.

Post Divorce issues: custody and child support:

It's not uncommon for custody and child support issues to arise after a divorce or dissolution is granted. It is essential to address these issues as quickly as possible. For instance, if you lose your job, your child support order continues until you notify the CSEA of the change of circumstance or file for a modification in court. Other common problems arise when one parent decides to relocate outside of the county, or otherwise violates a shared parenting plan, without following the proper procedures.

Adoptions:

Adoptions are handled through Probate Court. There are two types of adoptions. First, some couples adopt a child not related to them by blood or marriage, but put up for adoption informally or through an agency. We can assist, but you must work through Children's services or Catholic Charities. Second, a step-parent may wish to adopt the child of the new spouse and, increasingly, grandparents are seeking to adopt grandchildren. This second kind of adoption is what our office handles. Adoptions generally require that both parents be notified by the Court of the proposed adoption, and it requires the consent of both parents, if living. There are two notable exceptions:

Where the non-residential parent has had no contact with the child for more than one year. Note, the residential parent cannot discourage or in any way inhibit contact or visitation.
Where the non-residential parent has not paid child support for more than one year.