A typical divorce, in Ohio, begins with one party filing a complaint requesting a divorce, along with some other documentation. It is filed with the appropriate domestic relations court and the other party is served with the documentation and must file a response to the court within a certain time period. At this point, the discovery process will begin, where each party’s attorney requests specific information from the other attorney. This can be in the form of interrogatories, requests to produce, or depositions. Depending on the situation, temporary motions may be filed by the party’s attorneys requesting temporary child support or spousal support during the pendency of the divorce.
The parties’ attorneys will determine which issues are contested and will then proceed forward with settlement negotiations. Sometimes settlement conferences, which can be court-ordered mediation, are held in order to facilitate the parties reaching an agreement. If certain issues cannot be worked out among the parties, then a trial will be scheduled where each party will be given an opportunity to testify and call other witnesses to offer testimony to support their position. When all the evidence is submitted, the court will make a decision on the contested issues.
Is There Any Benefit To Filing For Divorce Before Your Spouse In Ohio?
Every divorce case has its own set of very unique facts. There is a potential that filing first could be beneficial. For example, the person who files first gets to determine where the case will be adjudicated, if they do not live in the same area, which could alter the outcome of the case. Filing first can also prevent one party from hiding assets because a temporary restraining order is filed automatically, once the divorce is filed.
What Are Some Reasons That Someone Would Seek a Modification After A Divorce Has Been Finalized?
Modifications after a divorce normally relate to child custody, child visitation, shared parenting time, child support, and spousal support. Modifications are generally requested when one of the parties has had a significant change in circumstances. Such changes can be an increase or decrease in income, one of the parties relocates, or the current visitation arrangement is no longer in the best interests of the children. To proceed forward with a modification, the person requesting such modification will need to request a change by filing a motion with the court that ordered the divorce decree. The party will be required to prove why the court should order such modification.
What Are The Rules Or Restrictions On Parents For Relocation Due To Work Or Other Factors?
If a residential parent wishes to move to any residence other than the one listed in the custody order or parenting time arrangement, they must file a notice of intent to relocate with the court that originally issued the custody order. The other party will receive a copy of this notice of intent to relocate and can object to the relocation of their child or children. If the move is objected to by the other party, the court will have to determine whether such a move is in the best interests of the children. Some of the factors to determine whether the move is in the best interests of the child are the child’s adjustment to their home, school, and community as well as the mental and physical health of the parties, whether one party is more likely to honor the court’s orders and the wishes of the child.
When Can A Child Decide Who He Or She Will Live With?
In Ohio, there is not a specified age at which a child can determine which parent they want to live with during divorce proceedings. However, depending on the age of the child, their wishes can be taken into account by the judge when they are attempting to make a determination of parental rights and responsibilities. The judge may ask the child questions outside of the presence of the parents and then, that interview will determine the wishes of the child and the judge may or may not use that information to make a determination.
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