If the marriage only lasted a few months or the couple had a premarital agreement and no children, a divorce might be finalized in a matter of weeks. In most other cases, marriage dissolution is a long process, so it is important to have a nearby divorce attorney. That is the best way to ensure that the attorney-client relationship is a partnership.
The experienced divorce attorneys near Canton at The Fout Law Firm routinely handle these matters in Slack County and nearby jurisdictions. Our professional team is familiar with all the emotional and financial issues in most divorce cases. Because of our years of experience, we are familiar with all the procedural rules, even the unwritten ones. So, we know how to push your case through the system and resolve it on favorable terms.
Especially if the couple had children, most divorces have emotional and financial issues. A good divorce attorney near Canton knows how to address both these areas.
Child custody and visitation has always been a very emotional issue. Most parents agree the final orders should be in the best interests of the children, but most parents disagree on the specifics.
Frequently, social services investigations play a significant role in these matters. If the parties do not agree on all custody and visitation provisions, most judges order these studies. A social worker investigates the facts, interviews the parties and witnesses, and makes a custody/visitation recommendation to the court.
Property division and family support obligations are usually the two biggest financial issues in Ohio divorces. In terms of property division, the Buckeye State is an equitable distribution state. The court must divide marital property, which includes assets and debts, in an equitable way. That is not necessarily the same thing as a 50-50 distribution.
Child support and spousal support are usually quite different in Ohio. Generally, guideline amounts determine the child support obligation. The guidelines consider several factors, such as the income of each parent and the parenting time division. Spousal support determinations are more subjective. The judge has a great deal of discretion when determining the amount and duration of payments.
Marriage dissolutions begin with a petition for divorce. Most divorces are no-fault divorces. However, evidence-based divorces are still allowable in Ohio. Fault grounds include abandonment, adultery, and cruelty. The respondent might have a divorce defense in these situations, so these cases are rather complex.
Most judges hold temporary hearings about two weeks into the case. Theoretically, temporary orders expire when the judge signs final orders. In many cases, the temporary orders are the blueprint for the final orders. So, a divorce attorney near Canton must be involved in this hearing.
Discovery comes next. Financial discovery could be limited to W-2 exchanges. In most cases, however, it is much more involved, especially if the couple had a family business. Child custody discovery usually centers on the aforementioned social services investigation.
Only a few civil cases go to trial. Most divorces settle out of court. Technically, the judge must approve these settlements. But as long as there are no red flags, the judge usually approves them without hearings.
Divorce is usually not fast or easy. For a confidential consultation with an experienced divorce attorney near Canton, contact Fout Law. After-hours and home visits are available.