WHAT DOES AN EXPERIENCED BUTLER COUNTY DIVORCE ATTORNEY COST?
Some separations may begin as a divorce, which are contested in nature, but resolve themselves amicably early in the case. These divorces usually involve few assets, no division of retirement, and no issues regarding parenting and support. These affordable "cheap" divorces can be accomplished for attorney fees within the same range, or even less than, what attorney fees are for dissolutions. Call our divorce attorneys today to see if your case may be a low cost or "cheap" divorce.
Many factors are considered by an attorney when quoting an initial fee. These include; the amount of assets to be divided, the existence of retirement, the need for immediate relief during the pendancy of the case (referred to as pre-decree issues, pre decree matters include temporary spousal, parenting issues including parenting time and child support, issues regarding payment of marital debts and obligations or bills, issues regarding occupancy of the marital residence during the case etc..), as well as the number of children and the extent to which custody will be at issue.
Most law offices for divorce in Butler County, Hamilton County, Warren County, and Clermont Count charge initial retainers ranging from $5000 - $7500 and higher. At this Office, we understand that most people do not have thousands and thousands of dollars readily at their immediate disposal. Further, we understand that the tragedy that is the often unexpected realization that your marriage may be ending is not something for which many of us plan or budget. As such is the case, we may be able to offer you a payment arrangement that is within your financial means. In many cases, especially those involving complex assets and children, time is often of the essence in securing a fair and equitable outcome. In the event that you and your spouse have no children, little assets, and no retirement accounts, an affordable divorce or a cheap divorce may be available.
Generally speaking, the domestic relations court in your Ohio County will determine the applicable issues based upon whether or not you and your spouse have minor children, the length of your marriage, the marital and separate assets and debts that you and your spouse have incurred or attained, and each of your incomes.
To learn more about these areas of divorce, please click on the subject below:
WHAT ARE THE STEPS IN THE DIVORCE PROCESS? HOW LONG DOES A DIVORCE TAKE?
This is the million dollar question asked by most parties seeking a divorce. First and foremost, no two cases are identical. Divorces with substantial assets and/or children generally take longer than simple divorces without children or substantial assets. A simple non-contested
divorce can take as little as 45 days. However, even in the case of a simple non contested divorce, there are factors that will effect how long the process may take. For example, the first step in any divorce proceeding is serving your spouse with the Complaint. If you have lost contact with your spouse after a lengthy separation, serving him or her with the divorce complaint may be time consuming.
Below you will find the basic timeline for Butler County Divorces. Surrounding counties, such as Hamilton County and Warren County, follow the same basic timeline. However, differences exist between these Ohio counties in terms of scheduling the initial divorce hearing, the enactment of temporary orders for parenting and spousal support, as well as in the procedure for handling non contested divorces. Please call our office today for greater explanation.
GENERAL BUTLER COUNTY OHIO DIVORCE TIMELINE
Please note that this is for informational purposes only and is by no means legal advice. Filing a divorce in Butler County and all Counties in Ohio is a very complex matter and should not be undertaken without the representation of an experienced and knowledgeable divorce attorney practicing in the county in which you are filing for divorce.
(1) Your Divorce Attorney Prepares Your Complaint For Divorce And It Is Submitted To The Butler County Ohio Domestic Relations Court's Case Management Office.
Each Domestic Relations Court in Ohio has its own department that ensures incoming filings comply with local and state rules regarding required documents and the contents of those documents. Divorces with Minor Children require that your experienced divorce lawyer file many detailed documents to be submitted with the Complaint For Divorce. Due to this, it is not uncommon for the case management department to identify additions or amendments to the Complaint. Our divorce attorney at The Peck Law Office files divorce complaints on a weekly basis. Although no two cases are the same, our divorce attorney is very experienced with the required documents and the required form of those documents. This saves you attorney fees for your divorce attorney, since approval of the complaint for divorce may require less time than other family law offices.
(2) The Complaint For Divorce Is Sent To A Judge For Approval Of Temporary Orders.
In a divorce, temporary orders go into effect early in the process. These temporary orders are generally triggered by whether or not the parties have minor children and/or reside in the same residence at the time of filing. Your divorce attorney will prepare the Order regarding the temporary orders that the Judge will sign. It is very important to have an experienced divorce attorney prepare your divorce documents to ensure that proper temporary orders are initially ordered.
i. The temporary parenting
When the parties are living separate at the time of filing must address:
a. Custody of Minor Child(ren): which spouse will have temporary custody of the minor child(ren). So long as the parties are living separate, and there are no prior court orders or orders from any other jurisdiction regarding the minor chld(ren), the spouse with actual physical possession of the child(ren) at the time of filing will generally be deemed the residential parent until further court order;
b. Parenting Schedule: the parenting time schedule for the non residential parent. If the parties have an established parenting schedule at the time of filing, that schedule should be stated accurately in the initial filing. Otherwise, the Butler County Court Standard Parenting Schedule, DR610, shall control. In the event that the filing party wishes to restrict the other parent's parenting time, the filing spouse must submit additional motions and affidavits identifying his or her concerns.
c. Temporary Child Support; The non residential parent will generally be ordered to pay guideline child support to the residential parent.
When the parties remain in the same house at the time that the divorce complaint is filed:
The Court will Order that the parties continue providing for the children, including health insurance and medical care, as is the established practice of the household. Since both parents remain in the same house, there is no child support exchanged, nor is there any parenting schedule ordered at this stage.
ii. The temporary allocation of household debts and obligations:
When the parties remain within the same house
at the time of filing, the Court will generally order that the parties' established practice of payment of debts and financial obligation shall continue during the divorce.
When the parties are living separate and apart
at the time of the divorce filing, either party may file a motion or motions to address the payment of bills and expenses. Absent motions filed, each party will generally be obligated to pay their own such expenses on a temporary basis.
(3) The Complaint For Divorce Is Approved By Butler County Case Management.
(4) Your Divorce Lawyer Files The Complaint At The Clerk's Office. If Motions For Temporary Orders Are Filed With The Complaint For Divorce, Those Motions Are Scheduled For Hearing(s). The filing fee is paid at this time.
(5) The Complaint Is Served Upon Defendant.
(6) Defendant Has 28 Days From Date Of Service To File Answer.
If Answer Is Not Filed- The Matter May Be Scheduled For A Non Contested Divorce Hearing.
A Non Contested Divorce Hearing Is Generally Scheduled after 30-45 days and Requires The Plaintiff To Appear With A Witness Who Is Able To Testify To The Parties' Incompatibility.
(8) If Answer Is Filed-
The Matter Is Scheduled For A Scheduling Conference.
(9) Parties must attend parenting class if minor children are born issue of the marriage.
(10) Scheduling Conference. This is generally a 15 minute hearing in which the issues existing in the case are identified to the Judge by both parties or their counsel. At this time, important decisions may be made as to the progression of the divorce and any evaluations, reports, appraisals, and/or whether a guardian ad litem will be appointed for the minor child(ren). As the heading indicates, this hearing results in the scheduling of further hearings as well as the setting of deadlines for discovery.
(11) Settlement Conference. A settlement conference is ordered in most divorce matters. The settlement conference generally is a meeting between the parties and their respective counsel in an effort to discuss resolutions to some terms or all terms of the divorce proceeding.
(12) Pre Trial Hearings and Any Other Pre Decree Motion Hearings. If agreements as to all or some of the contested issues of the divorce are reached, these agreements or resolutions are stated on the record and/or prepared in writing and offered to the Court at a pre trial hearing.
(13) Trial. Issues that cannot be amicably resolved must proceed to trial. Divorce Issues most commonly resulting in a contested trial include: Custody and parenting issues, spousal support or alimony, and valuation and division of substantial assets or property.