Frequently asked questions
Where Do I Begin?
Getting started is very simple - just give us a call. During the initial phone call, you will be asked a series of questions in order to help us better understand your needs and circumstances. Although we are not at liberty to provide legal advice until you have retained Stacy Schumacher as your legal counsel and established an attorney-client relationship, we will do our very best to provide you with as much information as possible. If you wish to meet with legal counsel to discuss the details of your matter, and develop a course of action, you can schedule an appointment at that time. You may choose to meet on a consultation-basis only and pay for the time actually incurred during your meeting. Or, you may decide to hire legal counsel on a retainer basis to serve as your legal representative to handle your legal matter.
How Is The Attorney-Client Relationship Established?
You will be asked to review and sign an Engagement Agreement that explains the terms that govern the attorney-client relationship and how services are to be billed and paid for. In addition, you may be required to pay a retainer in advance that will be deposited into a lawyer's trust account.
Can I get a dissolution or do I have to file for divorce?
The key element for parties wishing to terminate their marriage by dissolution is the ability of the parties to reach an agreement on all matters that must be addressed, e.g. custody, parenting time, and support if there are minor children and division of the marital assets and debts. If you proceed with a dissolution, both parties must be able to attend the final hearing. If you proceed with an uncontested divorce, only one party with a corroborating witness must appear at the final hearing.
How long does it take to get a dissolution?
Once an agreement has been executed and filed, the final hearing must take place between 30 and 90 days from the date of filing.
How long does it take to get a divorce?
It depends. Some uncontested divorces can be finalized in as little as a couple months. Contested divorces, however, can take up to 18 months. The amount of time needed to proceed to disposition varies depending on the particular facts of a case.
How much are the Court costs?
The initial filing fee for any case depends on the type of case and county in which you file. There may be additional fees assessed throughout the case depending on the circumstances and needs of the case. Most County Clerk of Court's publish their fees on their public website. See my Rates page for additional information on costs.
What is Collaborative Law?
When dissolution is not a viable process, but the parties prefer to avoid protracted litigation, collaborative law provides a different option. Collaborative law is an alternative method of terminating your marriage whereby both parties are represented for the duration of their matter however, the key that distinguishes it from other methods of terminating a marriage is that all parties enter into a contract that, among other things, waives your right to resort to litigation with the current counsel. The aim of collaborative law is to maintain dignity and promote efficiency throughout the process of terminating a marriage.
How is child support calculated?
Unlike spousal support, Ohio provides a formula governed by statute for calculating child support. The Ohio Revised Code contains a chart showing the annual support obligation based on gross household income and number of children (see Ohio Revised Code Section 3119.021). There are other factors that can impact the amount of support owed, such as responsibility for payment of medical insurance for a minor child and day care expenses. Generally, support continues until a child turns 18 or graduates from high school, whichever occurs last. Child Support must be paid through the local county Child Support Enforcement Agency which assesses a mandatory 2% processing charge. Child support can be withheld from wages or deducted from a bank account. Courts and most family law attorneys have specialized software used to calculate child support obligations.
Will I be entitled to spousal support?
It depends. There is no formula for calculating spousal support (formerly referred to as alimony) similar to that of child support however, Ohio law provides a list of factors that the Court must consider in determining whether spousal support is appropriate in a given case, and in deciding an appropriate amount and duration (see Ohio Revised Code Section 3105.18).
What is a Model Visitation Schedule?
Most Counties provide a model visitation schedule in their Local Rules which can be found on their public website. Generally, these are generic guidelines for parents to follow in allocating the parenting time of their children, but it is recommended that parents create schedule that works best for their children and their particular needs.
I'm not married to my child's mother. Do I have a right to visit with my child?
If you want to obtain Court ordered visitation with your child, you must first legally establish that you are the father. This is most often accomplished by affidavit or through DNA testing resulting in a Court order establishing paternity. Once paternity is established, you may seek a Court order for visitation. This is often accompanied by an order of support, but is not required.
I'm planning a wedding, should I be thinking about a prenuptial agreement?
Prenuptial agreements should be considered by parties who have accumulated a substantial amount of assets, and are interested in maintaining separate ownership of those assets, even after the marriage. It is recommended that both parties seek the advice of legal counsel before entering into a prenuptial agreement so that you fully understand your rights. Prenuptial agreement should be executed well in advance of the date of your wedding in order to avoid the possibility that they may later be found invalid. Prenuptial agreements are not filed with the Court at the time they are prepared, but are only presented to the Court in the event that the parties later enter into a termination of marriage action.
I'm remarried now. Can my spouse adopt my children from a previous marriage?
Yes, but this is most easily accomplished if you have the consent of the other biological parent, or there has been absolutely no contact from the other biological parent for more than one year. In addition, you must have been married to your new spouse at least one year. A home study will be completed and the adopting parent must present letters of recommendation from known family, friends, or colleagues, as well as a statement from their family physician.