Family Law Attorney in Georgetown, Ohio

According to statistics from the Ohio Department of Health, there were 28,916 total divorces statewide in 2020. For many individuals and families in Ohio, issues involving domestic relationships — including divorce, alimony, property division, child custody, child support, and parenting time — usually involve heavy emotions. Getting proper guidance and experienced representation in family legal issues is essential to understand your options and make intelligent choices.

If you are considering making changes to your family’s structure, consulting with a compassionate Ohio family law attorney is crucial for proper guidance. I'm committed to offering experienced legal guidance to individuals and couples in family law-related matters, including divorce, asset division, alimony, and parenting plans. I'm available to discuss your unique situation and explore all the different options available to you. As your legal counsel, I can fight diligently to protect your rights, your future, and your family's best interests.

My firm – Rachel V. Triplett, Attorney At Law, LLC – proudly serves clients in Georgetown, Ohio, and throughout Adams County and Brown County.

Divorce in Ohio

Ohio allows both fault-based and no-fault divorce.

No-Fault Divorce

Filing for a no-fault divorce in Ohio eliminates the need to assign blame or prove that the other party's actions or conduct were responsible for the marital breakdown. You can file for no-fault divorce on any of the following grounds:

• Living separately and apart for at least one year, or

• Incompatibility

Fault Divorce

According to Ohio Revised Code Section 3105.01, you can file for a fault divorce on any of the following grounds:

• Extreme cruelty

• Adultery

• Gross neglect of duty, for example, failing to financially support your spouse

• Fraudulent contract

• Bigamy - Either party had a husband or wife living at the time of the marriage from which the divorce is sought

• Willful absence for at least one year

• Habitual drunkenness

• Imprisonment of the other spouse

Residency Requirement

To file for divorce in Ohio, either you or your spouse must have lived in the state for at least six months prior to filing. Also, either of you must have lived in the county you are filing for divorce for at least 90 days.

Preparing Your Forms

Additionally, when petitioning for divorce in Ohio, you must file the following forms:

• Complaint for divorce

• Request for service

• Affidavit of property

• Affidavit of income and expenses

• Parenting proceeding affidavit (if there are minor children involved)

A skilled attorney can enlighten you about the checklist of forms, explore your available legal options with you, and walk you through the divorce proceedings.

Spousal Support

During an Ohio divorce, the courts may order the higher-earning spouse to support the non- or lower-earning spouse financially for a period during or after the divorce. This is known as spousal support (previously called alimony). In Ohio, spousal support may be temporary or permanent.

According to Ohio Revised Code Section 3105.18, the following factors may be considered in determining the type, amount, and duration of spousal support:

• The duration of the marriage

• The age, physical, mental, and emotional conditions of the spouses

• The relative earning abilities of the spouses

• The income of the spouses

• The standard of living established by the spouses during the marriage

• The retirement benefits of the spouses

• The relative assets and liabilities of each spouse

• The relative extent of education of the parties

• The contribution of each spouse to the training, education, or earning ability of the other spouse

• The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience and become self-supporting

• The lost income production capacity of either party due to their marital responsibility

• Any other factor deemed relevant and equitable by the court

A spousal support attorney in Ohio can review your unique situation and help you navigate key decisions regarding your family law matters.

Asset Division

Ohio is an equitable distribution state. In a contested divorce, the court will divide marital property – assets, real property, liability, and debts acquired by the couple during the marriage – equitably and fairly. However, this does not necessarily mean equal. Under Ohio Revised Code Section 3105.171 (F), the court may consider the following factors to determine equitable marital property division:

• The length or duration of the marriage

• The assets and liabilities available to each spouse

• The liquidity of the property

• If you have children, whether the custodial parent would benefit from remaining in the marital home

• The costs of the sale of property

• The tax consequences of property division to each spouse

• Whether the couple executed a premarital agreement concerning property division

• Retirement benefits of each spouse

• Any other factor the court deems necessary to ensure a fair and equitable division

During this process, it’s important to fight to protect your rights and what is rightfully yours. An experienced lawyer can evaluate your unique situation and help you seek results.

Child Custody, Child Support & Visitation

In Ohio, a custody order will be required to determine who gets physical and legal custody of the child, allocate parenting time (visitation schedule), and decide child support amounts. However, in determining custody, the Ohio court will prioritize the best interests and welfare of the child. The following factors may be considered in determining child custody and support:

Child Custody

• The reasonable wishes of the child

• The wishes of the child's parents regarding the child's care

• The existing relationships and interactions between the child, his or her parents, siblings, and extended family members

• The child's adjustment to a new home, school, and community

• The physical and mental health of all parties involved, including the child and parents

• Whether one parent is more likely to honor a court-approved visitation or parenting-time schedule

• Whether one parent has failed to make all child support payments required under an existing child support order

• The ability of each parent to cooperate, collaborate, and encourage a loving relationship between the child and the other parent

• Any history of domestic violence, child abuse, or neglect

• The geographical proximity of one parent to the other parent

Child Support

• The needs of each child

• The number of children of the parties

• Special and unusual needs of the child or children

• Extended parenting time or extraordinary costs associated with parenting time

• The child's daycare, health insurance, and other necessary expenses

• The child's physical and emotional needs

• The child's financial resources and the earning ability

• The ability of the parent to pay child support

• The standard of living of the child before the separation or divorce.

• The child's educational needs

It is important to understand that every single case is unique. Reach out to legal counsel to evaluate your personal situation and work diligently to address and resolve any family matters amicably.