Franklin County Contested Divorce Attorney

Helping Clients Navigate the Complexities of Contested Divorce in Ohio

Navigating the challenging waters of a contested divorce can be emotionally and legally overwhelming. At Catherine M. White, Attorney at Law, we recognize the gravity of such situations and are committed to providing comprehensive legal support to individuals facing the complexities of these cases. Our Franklin County contested divorce lawyer, Catherine M. White, specializes in guiding clients through the intricacies of these proceedings.

Call Catherine M. White, Attorney at Law, today at (614) 426-8720 or contact us online to schedule a consultation with our contested divorce lawyer in Franklin County.

What is a Contested Divorce?

A contested divorce arises when spouses cannot reach a mutual agreement on key issues, such as the division of assets, child custody, alimony, and other pertinent matters. In these cases, the resolution is often pursued through litigation, where both parties present their arguments and evidence before a judge. This makes the process more formal, time-consuming, and often emotionally charged.

What are the Requirements for a Contested Divorce in Ohio?

Like many states, Ohio has specific requirements and procedures for contested divorces. Understanding these requirements is crucial to navigating the legal landscape effectively.

• Grounds for Divorce: Ohio allows both fault and no-fault grounds for divorce. Fault grounds may include adultery, extreme cruelty, willful neglect, and more. No-fault grounds involve citing incompatibility or living separately for a specific period.
• Residency Requirements: To file for divorce in Ohio, either spouse must have been a resident of the state for at least six months before filing. Additionally, the divorce action must be filed in the county where either spouse resides.
• Legal Grounds for Contesting: In contested divorces, legal disputes often revolve around property division, spousal support, child custody, and child support. We can thoroughly examine your case's circumstances to build a robust legal strategy. Whether it's advocating for a fair distribution of assets or ensuring your parental rights are protected, we strive to achieve the best possible result for our clients.
• Court Proceedings: Contested divorces typically involve court hearings and legal proceedings. We are adept at navigating the courtroom, presenting compelling arguments, and advocating for our clients' rights. We prioritize communication and collaboration, keeping clients informed at every stage of the legal process.

The Contested Divorce Process in Ohio

The process of a contested divorce typically involves several steps. Each case is unique, but a general outline of the process includes:

• Filing for Divorce: The first step in any divorce is the filing of a petition for divorce. In a contested divorce, one spouse will file the petition with the court and serve the other spouse with the divorce papers. The respondent spouse will have an opportunity to file an answer or counter-petition to respond to the petition.
• Temporary Orders: In many contested divorce cases, the parties may seek temporary orders from the court to address immediate issues such as child custody, child support, and spousal support while the divorce is pending. A Franklin County contested divorce lawyer can assist with filing for these orders and advocating for a fair resolution during the divorce process.
• Discovery: Discovery is the process where both parties exchange information and documentation relevant to the case. This can include financial records, property valuations, and other pertinent information that will help determine the division of assets and other issues.
• Negotiation and Mediation: While a contested divorce involves disagreements, many cases can be resolved through negotiation and mediation. A Franklin County contested divorce attorney will work with the opposing party’s lawyer to try to reach an agreement on the contested issues. If an agreement is reached, the terms are presented to the court for approval.
• Pretrial Conference: If negotiation and mediation do not resolve the disputes, a pretrial conference may be scheduled. This is a meeting with the judge where both parties and their attorneys present their positions on the contested issues. The judge may give guidance or issue recommendations on how the case should proceed.
• Trial: If all efforts to settle the case fail, the divorce will proceed to trial. During the trial, both parties will present evidence and testimony to support their positions on issues such as property division, child custody, and spousal support. After considering all the evidence, the judge will issue a final ruling on the contested matters.
• Post-Trial Motions and Appeals: After the trial, either party may file post-trial motions to request a reconsideration of the judge's ruling. If a party is dissatisfied with the final judgment, they may also file an appeal to a higher court. A skilled Franklin County contested divorce lawyer will be able to advise you on your options for post-trial motions and appeals.

Common Issues in Contested Divorce Cases

• Asset division: Determining how marital property should be divided can be contentious, especially when significant assets such as businesses, real estate, or retirement accounts are involved. Ohio follows an equitable distribution model, which means that assets are divided fairly but not necessarily equally.
• Child custody and visitation: Disputes over who will have primary custody of the children and how visitation will be arranged are common in contested divorces. The court's primary concern will always be the best interests of the children, and a Franklin County contested divorce lawyer can help present your case in a way that protects your relationship with your children.
• Spousal support: Whether one spouse should pay alimony and how much is a common point of contention in contested divorces. Your lawyer will help ensure that any alimony award is fair and reasonable based on the factors considered by the court.
• Child support: Even if custody arrangements are settled, disagreements may persist about the amount of child support one parent should pay. A Franklin County contested divorce attorney can help ensure that child support is calculated correctly based on Ohio’s guidelines and your financial circumstances.

Benefits of Hiring a Contested Divorce Attorney

Going through a contested divorce can be emotionally and legally challenging. It is crucial to have a knowledgeable and experienced attorney on your side to protect your rights and advocate for your best interests. Here are some benefits of hiring a contested divorce attorney in Franklin County:

• Legal expertise: A contested divorce attorney has a deep understanding of family law and can navigate the complex legal processes involved in a contested divorce.
• Objective perspective: An attorney can provide an objective viewpoint and help you make informed decisions during this stressful time.
• Negotiation skills: A skilled attorney can negotiate on your behalf to reach a fair settlement, avoiding the need for a lengthy and costly court battle.
• Emotional support: A contested divorce attorney can provide emotional support and guidance, helping you navigate the emotional challenges of divorce.
• Protect your rights: An attorney will work to protect your rights and ensure that you receive a fair outcome in terms of child custody, spousal support, and asset division.

Don't navigate a contested divorce alone.

Contact Our Contested Divorce Lawyer in Franklin County Today

Facing a contested divorce requires a skilled legal advocate who can guide you through the complexities and uncertainties. At Catherine M. White, Attorney at Law, we bring a wealth of experience and a commitment to achieving the best possible outcome. Trust our Franklin County contested divorce attorney to be your dedicated legal advocate. Contact us today to schedule a consultation and take the first step toward resolving your contested divorce with experienced and compassionate legal representation.

Contact Catherine M. White, Attorney at Law calling at (614) 426-8720 today to get started with our Franklin County contested divorce attorney.

Commonly Asked Questions

How Much Does a Contested Divorce Cost in Ohio?

The cost of a contested divorce in Ohio can vary widely depending on the complexity of the case, the attorney’s fees, and how long the divorce proceedings last. On average, a contested divorce can cost anywhere from $5,000 to $30,000 or more. The factors that influence cost include the number of contested issues (such as child custody, property division, and spousal support), whether the case goes to trial, and whether mediation or expert witnesses are involved. Additional costs such as filing fees, court costs, and the fees for hiring financial experts or custody evaluators may also add to the total cost.

How Long Does a Contested Divorce Take in Ohio?

A contested divorce in Ohio typically takes several months to over a year to finalize, depending on the complexity of the case and the number of contested issues. If the case requires a trial, it can take longer to reach a resolution. The timeline is also influenced by factors like the caseload of the court, whether the parties engage in settlement negotiations or mediation, and the willingness of both parties to resolve disputes outside of court.

What is a Wife Entitled to in a Divorce Settlement in Ohio?

In Ohio, the division of marital property is based on the principle of equitable distribution, which means that assets are divided fairly but not necessarily equally. A wife is entitled to her share of the marital property. The court may also award spousal support (alimony) based on factors like the length of the marriage, the financial and non-financial contributions made by both spouses, and the financial needs of the spouse seeking support. The wife may also be entitled to child custody, visitation, and child support, depending on the best interests of the children involved.

Is Ohio a 50/50 Divorce State?

Ohio is not a 50/50 divorce state. Instead, Ohio follows the principle of equitable distribution, meaning that assets and debts are divided fairly, but not necessarily equally. While a 50/50 division may occur in some cases, it is not guaranteed.

Does It Matter Who Files for Divorce First in Ohio?

In Ohio, it generally does not matter who files for divorce first, as the court will base its decisions on the facts and circumstances of the case rather than who initiated the proceedings. However, filing first can have certain advantages. The spouse who files for divorce can control the timing of the filing, which may impact temporary orders, such as child custody and support. Additionally, the initial filing may provide a slight advantage in negotiating the terms of the divorce settlement. Nonetheless, the primary focus of the court will be on ensuring a fair and equitable resolution of the case.