DIVORCE

Butler County Family Law Divorce Attorneys

Family Law Offices in Hamilton and West Chester Ohio

Attorneys Divorce Butler County
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DIVORCE OR DISSOLUTION?
    
Although Marital dissolution may be an avenue for parties wishing to avoid heavy court and divorce attorney costs or combative confrontations, some parties simply cannot agree on all issues.  In those cases, a divorce may be inevitable.

 A Dissolution is an amicable resolution that requires an agreement on all issues. These issues may include:      
  
WE CANNOT AGREE ON ALL ISSUES

Some matters cannot be easily settled or clearly resolved. Our divorce attorneys represent people in contested divorce matters, clearly expressing our clients’ wishes and priorities. In these cases, our divorce experience and knowledge of local courts pays great dividends to clients needing an aggressive advocate in their corner.

IS A CHEAP NON CONTESTED DIVORCE POSSIBLE? 

It is important to understand that just because some matters terminating a  marriage begin as a "divorce," which by definition is contested, it is very possible that the situation can result in an amicable non contested divorce. The majority of divorces do end through amicable agreement. At this divorce law office, we encourage amicable resolutions when possible because doing so saves our clients time, emotions, and money. Such resolutions result in lower attorney fees, but more importantly, the parties decide the details of the separation rather than a Judge that is forced to make orders that will affect the parties and their children for the rest of their lives.  
 WHAT IS A SIMPLE NON CONTESTED DIVORCE?

 Every Divorce, whether it is filed in Butler County Ohio, Hamilton County, or Warren County, begins when one party to the marriage files a complaint for divorce. The non-filing spouse that has been served with the Complaint For Divorce has 28 days after being served to file an Answer in the Domestic Relations Court. This is most often done when the spouse retains a divorce attorney to represent him|her in the divorce case. In the event that he or she does not file an Answer to the Complaint For Divorce, the Domestic Relations Court will schedule the matter for a final non contested divorce proceeding. Butler County, Hamilton County, and Warren County each differ slightly regarding non contested divorce proceedings.   

WHAT ARE THE FAMILY LAW ISSUES THAT THE DOMESTIC RELATIONS COURT WILL ADDRESS IN MY DIVORCE? 
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 initially seeking a divorce.  First and foremost, no two cases are identical.  However, 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 Approved By Butler County Case Management. 

(3)  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.

The temporary parenting orders, 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.

(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.

(7) 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.


Cost of Divorce Attorney Butler County
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.

Call our divorce attorneys today and discuss options available for your particular situation.  Chances are, we can help.
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