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Divorce Law Information

Adoption Law: Small Gifts Do Not Support Make

Natural Parent's Small Monetary Gifts to Child Are Not 'Provision of Support and Maintenance' Under Adoption Law Today in, In re Adoption of M.B., Slip Opinion No. 2012-Ohio-236, the Supreme Court of Ohio ruled that when a biological parent of a child has failed, without justifiable cause, to make any court-ordered monthly child support payments for at least one year prior to the filing of another person’s petition to adopt that child, small monetary gifts made by the parent directly to the child during that year do not constitute payment of “support and maintenance as required by law or judicial decree,”...

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Divorce in Springfield and Clark County (by Ohio Divorce Attorney)

Divorce and Dissolution proceedings involving residents of Springfield and Clark County are heard in the Clark County Common Please Court, Domestic Relations Division.  The Clark County Domestic Relations Court is located at 31 N. Limestone Street (lower level), in downtown Springfield.  The Domestic Relations Court is located in its own building which is north of the iconic Clark County Common Pleas Court building.  The presiding judge of the Clark County  Common Pleas Court, Domestic Relations Division is the Honorable Thomas J. Capper.  The Court can be reached at (937) 521-1753 or by fax at (937) 328-2463.  Local Rules for the Clark...

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How Long Will My Ohio Divorce Take?

The best way to answer this question is to ask how much cooperation can you expect from your ex-spouse.  A high level of cooperation and trust will allow you to consider filing a dissolution.  If there is very little trust and cooperation you can expect a longer process. A typical divorce can take anywhere from several months to more than a year.  A great deal of work can be done prior to filing a Complaint for Divorce, but the formal exchange of information called discovery will take as much time as needed for both sides to narrow the issues.  Most issues...

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Life After Divorce (by OhioDivorceAttorney.com)

You are driving home after your final divorce hearing when it hits you.  I'm done! It's finally over!  When the relief of a final divorce hearing fades you are left with some very fundamental questions about what happens next.  Here is my Top Ten List of things to do make your new life everything you want it to be. Do not lose my number.  Often, a short consultation can provide peace of mind or clarify how the court would  interpret  your actions.  I pride myself on being there for  you for the long haul and being a resource for you as...

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Mediation in Divorce Court

Throughout Ohio families are settling disputes in mediation and not in the courtroom. Ohio Revised Code 3109.052 authorizes mediation in cases involving the  allocation of parental rights and responsibilities.  Many courts now require that the parties try to reach an accommodation before they can terminate or modify a shared parenting plan.  An experienced attorney should be able to give you advice about the differences amongst the mediation programs offered by local courts.  Below is an example of a typical local rule regarding mediation; this rule is from the Greene County Domestic Relations Court: 3.02 MEDIATION OF DIFFERENCES AS TO ALLOCATION OF...

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Divorce and the Abusive Relationship (by OhioDivorceAttorney.com)

If you find yourself in an abusive relationship, GET OUT! Call 911! Call a friend! Call anyone who will help you! Do whatever it takes to get away from your abuser. Domestic violence is a crime that destroys families today and perpetuates itself in the future. The links below give you resources that can help you every step of the way.  The criminal justice system and divorce courts can help.  The judicial system accommodates the victim of abuse by issuing temporary or permanent protection orders and by issuing various orders that remain in effect during the pendency of your case....

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Unmarried Parents (by OhioDivorceAttorney.com)

Across the United States, almost 40% of children are born to unmarried parents.  Unmarried parents face obstacles that married couples do not.  Besides the fear and uncertainty, unmarried parents have to worry about establishing a workable visitation schedule, making realistic plans for the child's education and religious upbringing, detailing expectations for child support.  These issues must be worked out with an eye toward the long-term sustainability of and all-but-impossible to know future.  This is where the guiding hand of an experienced attorney can help you avoid obstacles, arbitrate workable solutions and gain peace of mind.  Charles M. Rowland II has...

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Establishing Paternity Under Ohio Law

Ohio Revised Code Chapter 3111 relates to parentage. Paternity is the process whereby the law determines who is the child’s father. Paternity cases can be brought at any time before the child turns 23 years old. Paternity is usually established in one of two ways. When a child is born, you may sign an “Acknowledgment of Paternity Affidavit,” or you may sign this document at a later time at your county’s CSEA office. This process is referred to as the voluntary acknowledgment process. Once you sign this document you have only 60 days to rescind it if you feel that...

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Divorce and Safety Issues

Get Help and Get Your Life Back! If you find yourself in an abusive relationship, GET OUT! Call 911! Call a friend! Call anyone who will help you! Do whatever it takes to get away from your abuser. Domestic violence is a crime that destroys families today and perpetuates itself in the future. The links below give you resources that can help you every step of the way. The judicial system accommodates the victim of abuse by issuing temporary or permanent protection orders and by issuing various orders that remain in effect during the pendency of your case. You may be entitled...

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Divorce or Dissolution? (by DaytonDivorceLaw.com)

Divorce or Dissolution?  You may be able to save time and money by following Ohio's simplified procedure for termination of your marriage. Ohio law provides that you may file a joint petition called a Petition for Dissolution. A dissolution represents an agreement between you and your spouse agree to all issues including the division of marital property, spousal support, parental rights and responsibilities, and child support. Your petition must be accompanied by a separation agreement and, if applicable, a shared parenting plan. Instead of many time-consuming hearings, you are required to appear at only one short hearing which usually lasts less...

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