Divorce Attorneys in Cincinnati Advocating for You, Settling Disputes to Create a Seamless Divorce Process
One in three first marriages will end within ten years, and one in five will end within five years, according to divorcenet.com. Second marriages that end, for those that remarry, are slightly less than first marriages—nearly seven years for men and more than six years for women.
Marriages end for several reasons, and there are three ways to dissolve a relationship, including:
- Divorce: Divorce is a court judgment that says the marriage is legally over. In a divorce, the court must find an at-fault reason or no-fault reason for granting a divorce to two people in a marriage.
- Dissolution: In dissolution, a marriage can end without a determination of fault. Both spouses must first agree on terms to receive a marriage dissolution.
- Annulment: An annulment is a declaration that a marital relationship never existed in the first place. In other words, it means the marriage was never legally valid. The grounds for an annulment include an underage marriage, fraudulent consent to marriage, or forced marriage, to name a few examples.
When you need legal guidance, direction, and a neutral perspective, please turn to the experience of our Cincinnati divorce lawyers to make the best decisions for you, your children, and your family as you end your marriage.
Contact us and book a free phone consultation with one of our practicing family law attorneys with Ernst & Associates.
How Long Does the Divorce Process Take?
The divorce process requires time and patience as there are many steps, paperwork, and layers to work through. If you and your spouse decide to dissolve your marriage, our family law attorneys can brief you on what to expect from a time frame, cost, and other related details.
There are two types of divorces—contested and uncontested. The route of divorce you choose will determine how quick, simple, or challenging the process will be.
A conflict-free divorce, otherwise known as an uncontested divorce, is possible when you and your spouse agree on terms, spousal support, child support, and property division ahead of divorce proceedings. Without litigation, this process usually takes 30-90 days. The only court involvement needed is to confirm the parties agree to the divorce terms before a judge.
A contested divorce is likely when two spouses can’t agree on the divorce process, parenting issues, child custody, or other related matters. The Ohio Supreme Court guidelines say a contested divorce without children could be resolved one year after filing, or a case with children could take up to 18 months. A contested divorce can take longer if more assets are involved or ongoing disputes occur.
In the most complex and contentious of divorces, the legal team at Ernst & Associates can help you make efficient and rational decisions regarding your finances, children, property, and housing to ensure you get what you’re entitled to while also reaching a final resolution.
We can help set expectations with your divorce process and walk you through the necessary steps to reach your goal. The initial consultation is free. Call to schedule an appointment today.
What Are My Rights in a Divorce?
Both spouses have a say in how they want their marital property divided through a separation agreement. This document is shared with the court at the start of divorce proceedings and is your ability to help control the outcome. Property division is the start of the traditional divorce process.
Separate property is all property a spouse owns or acquires before the marriage, or acquires during the marriage by gift, inheritance, or bequest. Separate property can also be property the spouse purchased with money obtained from a separate source. For instance, if one spouse owns their own business, and the other spouse does not contribute to it, that money may be the spouse’s separate property.
The court presumes that both spouses contribute equally to all marital property they acquire during the marriage, according to divorcenet.com., Ohio is an “equitable division” state. Marital property is divided according to what is fair to both spouses, although not always equally. In “community property” states (like California), marital property is divided 50/50 regardless of who contributed to the property.
The judge considers several factors when dividing marital property including:
- Duration of the marriage
- Both spouse’s assets and liabilities
- Determining if the custodial parent will benefit from remaining in the marital home
- Liquidity of the property
- Tax consequences of the property division to each spouse
- Costs of the sale of property
- Any prenuptial agreements in-place
Ernst & Associates uses collaborative law when helping our clients resolve family law issues like property division. Your unique needs and goals are part of the plan when we help you resolve your legal matters. During divorce negotiations, mediation is preferable to court intervention when you have to divide your property and end your marriage.
Ernst & Associates is an Ohio law firm that exclusively practices family law. We focus on helping families recover from divorce. Contact us and book a free consultation with our law firm for legal representation during divorce and help moving forward afterward.
What are the Grounds for a Divorce?
There is never a good or convenient way to end a marriage. Divorce is never an easy decision, even when it’s necessary. When it’s time to begin the legal process, you need help from family law attorneys in the Cincinnati area.
Ohio law recognizes fault and no-fault grounds for divorce. A no-fault divorce means you and your spouse no longer get along, or you can’t work through your relationship issues. “Irreconcilable differences” is the phrase used in a no-fault divorce.
A fault divorce means one spouse is engaged in specific conduct that justifies judicial termination of the marriage. Grounds for ending a marriage in Ohio include:
- Adultery
- Domestic violence
- Willful absence of more than one year (meaning the spouse deliberately abandoned the other and intentionally did not return, not due to military duty or another official absence)
- Extreme cruelty (such as abuse other than physical violence)
- Habitual drunkenness/substance abuse
- Incarceration
The party claiming fault divorce must prove the circumstances with witness testimony. Fault divorce does not affect property division or spousal support. In situations where a spouse will not agree to sign the divorce papers for a no-fault divorce, fault divorce can provide a limited alternative.
The signs and knowing when the right time to get a divorce is different for everyone, as every relationship is unique. More urgent signs could include drug addiction, repeated infidelity, and patterns of abuse, especially if you and your children are in danger.
In practicing family law, our attorneys regularly help families through the ups and downs of divorce. Contact us today to discuss your divorce case.
How Can a Divorce Attorney Help Me Win?
Each divorce is a unique situation. We’ve been helping clients through these emotional and life-changing experiences for many years. We advocate for our clients early on and discuss factors and decisions impacting your future, such as child support, alimony, child custody, and the marital division of assets.
In practicing family law, we understand the unique position that you’re in and that it can feel isolating. Trust is important in this process, and we strive to create favorable terms for everyone involved to lessen the burden, stress, and financial strain.
Our divorce lawyers in Cincinnati are a turnkey solution for your divorce, from help with decision-making, filing the proper paperwork, and negotiating with the opposing attorney as disputes or conflicts arise. As your partner, we protect your rights at every stage of the process.
Ernst & Associates puts families first and always has your children’s best interest in mind if they are part of your divorce. We help you avoid unnecessary legal issues, work through conflict, and determine spousal support and a child custody arrangement that fits your new family dynamics.
Contact our family law attorneys with Ernst & Associates at 513-579-9500 to discuss the next steps in your divorce case.
Frequently Asked Questions About Cincinnati Divorce
What are the benefits of a fault-based divorce?
Since Ohio recognizes no-fault divorce, why would anyone need a fault-based divorce? There are a few reasons why some people need a fault based divorce:
- It can provide a basis for sole custody. If one partner has been adulterous, abusive, or using drugs or alcohol, a fault-based divorce can provide leverage for full custody to the other parent
- It may provide a basis for unequal distribution of marital property. Since a fault-based divorce is an adversarial process, the parties can demand discovery, a legal process that requires banks and financial institutions to release information. If spouses have been wasting marital property, the other spouse can force distribution based on this information.
- In high-conflict dissolutions, it can be cathartic or validating to release years’ worth of dirty laundry.
Can spouses create their own marital settlement agreement?
Absolutely. Thanks to collaborative divorce and mediation services, spouses can make their own legal decisions about dividing property, settling assets and debts, and child custody and support without ever setting foot in a courtroom. Generally speaking, all that is needed is a few hours with a dedicated team of family law attorneys who can explain the laws and requirements, and draft the agreement for the parties.
The first step is calling the family law attorneys at Ernst & Associates at 513-579-9500 to make an appointment for a case review and free consultation. We’ll get your case started with a minimum of fuss and stress.
Navigating The Ohio Court System
One of the most important attributes your attorney should have is familiarity with these courts. Your lawyer should know each judge and each prosecutor and know what to expect from each. Our attorneys have been practicing in these courts for over 30 years and have in depth knowledge of the intricacies of each.
