STACY M. SCHUMACHER
ATTORNEY AT LAW
Practicing Family Law Since 2002
5940 Wilcox Place, Suite F
Dublin, OH 43016
ph: 614-638-3554
info
FAQs
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 stretch on for several years. The amount of time needed to proceed to disposition varies depending on the particular facts of a case. Grounds for divorce are required to be stated in divorce cases. See http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC
How much are the Court costs?
The initial filing fee for a dissolution or divorce in Franklin County is $175.00. There may be additional fees assessed depending on the circumstances of the case. The filing fee for most post decree actions is $150.00. Court costs for stepparent adoptions vary depending on the circumstances of the case and the number of children being adopted, but generally range between $500.00 and $600.00.
What is Collaborative Law?
When dissolution is not a ready solution, 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 restore dignity and efficiency to the process of terminating a marriage.
How is child support calculated?
Unlike spousal support, Ohio provides a formula for calculating child support. You must first determine the gross household income of the two parties, then determine the percentage earned by the party will be paying support. The Ohio Revised Code contains a chart showing the amount of annual support needed based on gross household income and number of children. See http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC There are other factors that can impact the amount of support owed, such as responsibility for payment of medical insurance and day care expenses of the minor child, but approximately, the annual amount of support is calculated by multiplying the gross household income by the annual amount of support shown in the chart. Divide that figure by 12 to determine the monthly amount of support. Generally, support continues until the 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.
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 at the moment, however, the Ohio statute lists a number of factors that the Court must consider in determining whether spousal support is appropriate in a given case, and what the amount and duration of the support should be. See http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC
What is a Model Visitation Schedule?
For married parents, see http://www.fccourts.org/DRJ/lrdom/lrdom27.html
For unmarried parents, see http://www.fccourts.org/DRJ/lrjuv/lrjuv22.html
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 can be done 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, but this is often accompanied by an order of support.
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. 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 to the Court five letters of recommendation from known family, friends, or colleagues, as well as a statement from their family physician.
Copyright ©2007 Stacy M. Schumacher, Attorney At Law. All rights reserved.
5940 Wilcox Place, Suite F
Dublin, OH 43016
ph: 614-638-3554
info
