| STACY M. SCHUMACHER ATTORNEY AT LAW |
| FREQUENTLY ASKED QUESTIONS |
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.
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 post decree actions in the Franklin County Domestic
Relations Court 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 maintain dignity and promote efficiency
throughout 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 of the total gross household income that is earned by the party who
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 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 the minor child and day care expenses of the minor child, but
approximately, the annual amount of support is calculated by multiplying the payor's
percentage of gross household income by the annual amount of support shown in
the chart. Divide that figure by 12 to get 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 in deciding an
appropriate amount and duration (see Ohio Revised Code Section 3105.18).
What is a Model Visitation Schedule?
For married parents, see http://www.fccourts.org/DRJ/lrdom/lrdom27
For unmarried parents, see http://www.fccourts.org/DRJ/lrjuv/lrjuv22
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.
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.
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 post decree actions in the Franklin County Domestic
Relations Court 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 maintain dignity and promote efficiency
throughout 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 of the total gross household income that is earned by the party who
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 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 the minor child and day care expenses of the minor child, but
approximately, the annual amount of support is calculated by multiplying the payor's
percentage of gross household income by the annual amount of support shown in
the chart. Divide that figure by 12 to get 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 in deciding an
appropriate amount and duration (see Ohio Revised Code Section 3105.18).
What is a Model Visitation Schedule?
For married parents, see http://www.fccourts.org/DRJ/lrdom/lrdom27
For unmarried parents, see http://www.fccourts.org/DRJ/lrjuv/lrjuv22
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.
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| 5965 Wilcox Place, Suite B Dublin, Ohio 43016 ph: 614-336-7770 fax: 614-336-7771 info@dublinfamilylaw.com |
