Ending a marriage is never an easy decision and can often be emotionally draining for everyone involved. Whether you are moving forward with a separation or have been served divorce papers, it is important to choose counsel that will help guide strategic decision making and ensuring that your rights and interests remain safeguarded.
difficult life transitions
Don’t wait until you are overwhelmed by the divorce process to hire legal counsel. The attorneys in Carlile Patchen & Murphy’s Family Law Practice Group take care in guiding our clients through the process to safeguard not only your assets but the overall well-being of your loved ones. Our divorce attorneys have more than 20 years of experience and handle cases throughout the state of Ohio.
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Whether your divorce is contested, or you can ultimately reach an agreed upon dissolution, we handle the complex litigation, negotiations and paperwork involved in your case. We ensure throughout the entire process you are informed.
A dissolution is an agreed upon resolution. This conclusion to your marriage addresses all marital issues including property division, debt allocation, spousal support and child related issues.
It’s important to understand that each party involved in a dissolution must agree on everything. Also, before any dissolution paperwork can be filed with the court, the parties need to live separate and apart.
Because a dissolution allows you to bypass many of the often-frustrating court procedures and appearances, they tend to be less expensive, time-consuming and stressful. Though it may sound like a great option, individuals need to make sure that they can live with the final outcome as many issues agreed to are permanent or extremely difficult to change in the future.
In cases where the parties involved cannot agree on all terms to dissolve their marriage or need to seek court intervention to quickly protect children, get support or safeguard assets, individuals will need to file for divorce.
The divorce process in court can be more time-consuming, stressful and expensive. However, it is often necessary to obtain temporary court orders related to custody including parenting time, school placement, child support, and to establish temporary spousal support, payment of household expenses, and to restrain the parties from improperly disposing of or transferring assets while the case is pending.
Thing have changed and I want to modify our agreement, what issues can a post-decree motion address?
It’s important to understand that not all issues which may arise following a divorce or dissolution can be solved through post-decree modifications. However, it is important to reach out to a knowledgeable family law attorney to understand your options. Some of the most common issues involve children. This can include primary custody of your children, visitation rights and times and child support payments.
Generally speaking, unless jurisdiction is specifically preserved in the appropriate documents and court decree allowing future consideration and court determination, issues related to marital assets, debts, property division and spousal support are final! Essentially, you only get one bite at the apple on these non-child related issues, unless there is a specific and court ordered preservation of rights to readdress them after your divorce or dissolution.
In addition, while the court always has jurisdiction to address issues related to children following a divorce or dissolution, it is important for parents to understand that absent an agreement between the parents it can be very difficult to change parenting time, custody and school placement issues.
In some cases, a party may fail to follow a court’s order leading the offended party to file a motion for contempt. Some examples include failing to pay child or spousal support, not adhering to parenting time schedules, or not living up to debt obligations. If found in violation, individuals can be sentenced to jail, ordered to pay monetary sanctions and/or attorney fees, as well as taking steps to reinstate compliance.
It’s important to take the necessary steps and build a compelling case when filing contempt of court in Ohio. Careful planning and plenty of proof that the individual willingly violated the order is paramount.
Our attorneys ensure that all the proper steps are taken, giving your case a better chance of success.
Give us a call or send a message with any inquiries and legal questions.
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