Contested Divorce

When considering a Divorce or Dissolution, choosing the right attorney can make all the difference in this extremely painful and difficult time in your life.  

At Berki Law Group, we have experienced attorneys who are familiar with the Lorain County policies and procedures.  Our attorneys will be upfront about your current situation and work tirelessly to negotiate a settlement on all issues.  Our goal is to get you Divorced as quick as possible without sacrificing what you are entitled to under the law.  Too often attorneys create conflict in order to generate more financial benefit, rest assured, our attorney’s care about you as individuals and want to see you move on to the next chapter of your life.  Once a Divorce is granted, the terms are not modifiable unless the jurisdiction of the court was kept open on that specific issue.

When children are involved, issues regarding custody, child support, and visitation arise.  Our attorneys will aggressively represent your wishes and concerns on these important aspects of the Divorce proceedings.  Often a parenting seminar is required to get divorced.   Issues regarding children are always modifiable but may require a change in circumstance.

If trial and litigation are required, having an experienced trial attorney is essential. Divorce can be a lengthy process and can leave you feeling helpless.  Temporary orders will be issued in each case; however, it can be some time before a ruling is made leaving questions of finances and visitation unanswered.  

Many questions run through your head all at once:

  • How do the bills get paid?
  • Should I move out?
  • How long does the process take?
  • What is Shared Parenting?
  • What is residential parent?
  • Money was taken out of the marital account what can I do?
  • Will I receive or have to pay spousal support and for how long?
  • Do the court’s still favor women in matters of custody?
  • How old does my child have to be to choose where he/she lives?
  • What is a guardian ad litem?
  • Am I entitled to retirement accounts or pensions?
  • Who pays child support?
  • Can I get a restraining order?
  • I or my spouse is having an affair, does this matter?
  • Is my inheritance subject to marital division?

With all of these unanswered questions comes the stress of the unknown.  Schedule your free consultation today to get these questions answered and move forward with your life.

 

Dissolution

When both parties agree on all of the terms and are ready to enter into a separation agreement, the parties can petition the court for dissolution of their marriage.  Once filed, a hearing will take place about 30-90 days depending on whether children are involved.  At that time, the Judge will question the parties and sign off on the agreement that was previously submitted to the court.   

True dissolutions are quick, less expensive, and do not involve the contention often seen in Divorce proceedings.  However, EVERY aspect of the terms of the dissolution must be agreed upon by both parties.  If the parties agree at first and change their mind before the final hearing, the matter will have to proceed as a contested divorce.  

If children are involved issues of child custody, visitation, and child support must also be agreed.  Parents will often be required to attend a separating parent’s seminar.

At Berki Law Group, we know how important it is to get the separation agreement written and filed in an expedient manner.  Delays can cause unnecessary burden and stress on the parties after an agreement is reached.  

 

Legal Separation

At the end of a legal separation the parties remain married and will have to go through a divorce or dissolution procedure if they wish to end the marriage in the future.  Most people chose to have a legal separation for religious or health reasons.  

 

Spousal Support

Spousal support, previously referred to as alimony, is usually one of the areas that makes settlement and agreement of the parties very difficult.  The amount of money and for how long can vary in each jurisdiction.  In general, the party who earns more money could be ordered to pay the other for a substantial period of time depending on the length of the marriage.  Conditions and restrictions do apply on spousal support such as remarriage and death of either party.  

Although factors exist that the court considers when determining how much spousal support is awarded, the court tends to take an equalization of income approach.  This is a standard calculation that the court tends to use for a starting place.  Schedule an appointment today to get an estimate on your spousal support obligation or entitlement.

 

Child Custody and visitation

For unmarried individuals, a motion to establish custody/parental rights and responsibility is filed when the parents are not able to agree on how to share responsibilities regarding their children.  The court’s use a best interest of the child standard to make decisions based on custody.   Ohio law determines what the best interests of a child are by requiring courts to examine all relevant factors:

  • The wishes of the child
  • The wishes of the parents
  • The child’s interaction and interrelationship with his parents, siblings, and any other person who may significantly affect the child’s best interest
  • The child’s adjustment to his home, school, and community
  • The mental and physical health of all everyone involved in the situation
  • Which parent is more likely to honor and facilitate visitation and companionship rights approved by the court
  • Whether either parent has failed to make their child support payments
  • Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being abused or neglected; if either parent, in a case in which a child has been adjudicated an abused or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act underlying the adjudication; whether either parent previously has been convicted of or pleaded guilty to a charge of domestic violence and whether he/she caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused or a neglected child
  • Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent his or her right to visitation in accordance with an order of the court
  • Whether either parent has a residence or is planning to establish a residence outside of Ohio

The court may make the allocation in one of the following ways: sole custody, shared parenting, allocation of parental rights and responsibilities to a relative of the child, or certification of jurisdiction to the juvenile court to determine custody of the child.

Courts tend to favor a Shared Parenting arrangement.  This means that both parties are the physical legal custodian of the children.  A shared parenting plan is incorporated.  One parent must be designated residential parent for school purposes and a parenting time schedule is made for the non-residential parent.  

The factors addressed when determining whether shared parenting is in the best interest of the child are as follows:

  • The parents’ ability to cooperate and make decisions about the child jointly
  • Each parent’s ability to encourage the sharing of love, affection, and contact between the child and the other parent
  • Any history of, or potential for, child abuse, spouse abuse, other domestic violence, or parental kidnapping
  • The geographic proximity of the parents to each other
  • The recommendation of the guardian ad litem of the child, if there is one.

Shared parenting is more of a concept that the parties are going to work together to raise their children and make joint decisions together.   A loving household that encourages the children to respect and admire the other parent is what the court’s believe is in the best interest of the children.  Thus, shared parenting is awarded if the factors are met.  

The granting of Shared parenting doesn’t necessarily mean equal time.  Up until recently, a standard order of parenting time was every other weekend, one evening a week, and split holidays.  The current trend tends to be a 50/50 division of time with both parents.

If Sole custody is awarded to one parent, the other parent may receive a visitation plan.  Sometimes that visitation plan requires a supervisor to be designated or is a gradual visitation arrangement.

Child support is usually awarded to the nonresidential parent and can be modified.  The amount of child support is based on a calculation that takes incomes of both parties and other relevant factors into consideration.   Allocation of parental rights and responsibilities can always be modified but may require a change of circumstance.

Most cases settle before trial, but if litigation is necessary, an experienced family law attorney is  essential.  Trusting an attorney with important issues regarding your children can be very difficult.  Set up a free consultation and see if an attorney at Berki Law Group is the right fit for you.

 

Grandparent Visitation

Grandparents do have legal rights under Ohio Law.  Ohio courts are permitted to award visitation to grandparents under certain circumstances.  The court will take into consideration the current and extent of the relationship with the grandchildren as well as their own children.  In emergency situations, grandparents may sometimes be awarded emergency temporary custody.

 

Emergency Temporary Custody

The Court’s take emergency situations very seriously.  In the event that a child is in danger and faces “irreparable harm”, the court may award a parent, guardian, or relative emergency temporary custody.  The standard is hard to meet, but is frequently awarded if the proper motion is filed. Experienced legal counsel will inform you if they believe and emergency situation exists.  Once that is established, the proper paper work is expedited and filed with the court.  A ruling is made the same day and ETC can be awarded.  If it is awarding a review hearing will be set within 10 days of the granting of the motion to afford the other party to present evidence of mitigation.  Emergency custody can be filed at any time, even if there is a pending divorce, dissolution, or custody case pending.

 

Child Support

Child support is the financial contribution one parent makes to another for the support of their children. Typically, it is ordered by the court for the non-residential parent to pay the residential parent child support in order to care for the children financially. It usually occurs when there is a separation, divorce or paternity has been established.

It is ordered by the court or the child support enforcement agency, or established by agreement of the parties and approved by the court in an amount that should allow the child to have the same standard of living if he or she lived with both parents.

There is a standard calculation system that takes into account factors such as the income of the parties, bonuses, health insurance paid, number of children, child care, other child support paid to other children, and other relevant factors.  

Establishment, modification and enforcement of child support may be done through the county Child Support Enforcement Agency (CSEA), as well as through court actions for divorce, dissolution, legal separation, parentage and/or allocation of parental rights (custody).Child support is payable until the child reaches the age of 18, or until he or she graduates from high school, whichever is later. If, however, a child is no longer attending high school and is not living with or dependent on a parent (i.e., is married or otherwise emancipated), then child support may end before age 18. If a child is over 18 years of age and still attends high school, support will continue until the child has completed high school, up to age 19, unless otherwise ordered or agreed.Non-Support can result in your license being taken away and charges being brought against you. 

Once an order is in place a wage withholding is usually established.  If the obligor becomes behind or is in arrears, tax implications as well as criminal charges and license suspension can occur.

 

Step-Parent Adoption

A step-parent who wishes to adopt their step child can be one of the most rewarding experiences.  Although exceptions exist, step parent adoption is much easier the natural parent consents.  Step parent adoption terminates the legal relationship between the child and the other natural parent (the one not married to the adopting step-parent).  If granted, child support from the natural parent will cease.

A step-parent adoption takes place at the Court of Common Pleas in one of the following:  1) the county where the child lives, 2) the county where the step-parent seeking to adopt lives, 3) the county where the natural parent lives.  

In order to start the adoption process, the step-parent must file a Petition for Adoption.  A home study may take place as well as a best interest hearing.

 

Children Service Cases

If you find yourself dealing with a case with children services it can be devastating and life altering.  Although the court’s favor reunification with the biological parents, children services can make it extremely difficult for you to comply with the rules and obtain custody back.  Sometimes a qualified attorney is your only hope.  Please call us today.

If you are a relative who the children have been placed with and want representation please set up a free consultation.

 

Civil Protection Orders

If you feel that you are in imminent danger of threat of harm or need an anti-stalking order you can petition the court for a civil protection order.  The hearing is held the day the request is filed and a review hearing is set up within ten days to determine if the court order will remain in effect.  

In certain circumstances, children of the protected party may be included in the order.  Once in effect, civil protection orders are extremely difficult to remove and usually are granted for a period of 5 years.  Before obtaining an order, make sure a five year order is what is truly desired.