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Akron Divorce Lawyers

Akron Divorce Lawyers

Akron Divorce Law

Navigating the divorce process can be a daunting task, laden with complexities and emotional challenges. The attorneys at Gertz & Rosen understand the unique difficulties of domestic relations law. Our experienced attorneys are dedicated to providing professional and compassionate legal guidance to help your family through each step of the divorce process.

Understanding Divorce, Dissolution of Marriage & Separation in Ohio

In many states, “dissolution” and “divorce” refer to the same legal process for ending a marriage. However, in Ohio, this is not the case. Ohio law distinguishes between divorce, dissolution of marriage, and separation:

  • Divorce: Divorce is a civil lawsuit initiated by one spouse requesting to end the marriage. The spouse filing the complaint will normally do so on the grounds of incompatibility. A divorce action is necessary when the spouses cannot agree on issues like property division, child custody, and spousal support. Through negotiations and mediation, most divorces are resolved by agreement. However, if a settlement cannot be reached outside of court, a contested hearing will be held, and a judge will decide the issues.
  • Dissolution of Marriage: Dissolution is a legal agreement between spouses to terminate their marriage. Unlike a divorce, a dissolution can only occur if both parties agree on all terms, including property division, parental rights, and support. The parties must sign a separation agreement, have it approved by a judge, and then wait at least 30 days to officially end the marriage.
  • Separation: This allows couples to live apart while remaining legally married. The parties may voluntarily enter a separation agreement, or a court may issue orders regarding property use and access, custody and parenting time, and more during this period.

A dissolution is often less expensive and takes less time than a contested divorce. On the other hand, if the other spouse is being unreasonable or difficult, litigating the case may be necessary to protect your best interests. At Gertz & Rosen, our attorneys have extensive experience in both family law negotiations and trials, and we can help guide clients in choosing the right course of action for their case.

Navigating Property Division

In Ohio, marital property is divided equitably.

Some forms of property are relatively easy to value and divide, such as homes or bank accounts, but other assets, like a family business or large real estate holdings, can create complex property valuation and division issues. Our firm has the experience and knowledge to help you resolve these matters and ensure a fair division of property.

Resolving Child Custody and Shared Parenting Issues

Parenting issues are determined based on the best interests of the child. Our office has extensive experience in negotiating these sensitive issues, striving to create arrangements that serve the well-being of your children while respecting your parental rights.

Assessing Spousal Support and Child Support

Spousal support (or alimony) and child support are critical elements of divorce proceedings. Our skilled attorneys can help you understand how these determinations are made, taking into account factors like the earning capacity of each spouse, the standard of living during the marriage, and the needs of the children.

Contact Gertz & Rosen Today

The path through divorce or dissolution can be difficult, but you do not have to walk it alone. At Gertz & Rosen, we bring deep knowledge, extensive experience, and a commitment to your well-being to every case we handle. Contact us today for comprehensive, compassionate assistance with your family law needs.

FAQs About Divorce in Ohio

Can I file for divorce without a lawyer in Ohio?

Yes, you can legally file for divorce in Ohio without hiring an attorney; this is known as filing “pro se.” However, divorce involves intricate legal procedures, strict deadlines, and complex paperwork. Missteps can lead to unfavorable outcomes concerning property division, spousal support, or child custody arrangements. Retaining a lawyer is often beneficial for protecting your rights and interests, particularly when your spouse has legal representation or when significant assets and children are involved.

What are the residency requirements to get a divorce in Ohio?

To file for divorce in Ohio, you must meet specific residency requirements. The spouse filing the complaint must have lived in the state for at least six months immediately before filing the petition.

What does "incompatibility" mean as a ground for divorce?

In Ohio, “incompatibility” is a no-fault ground for divorce. This simply means that you and your spouse can no longer get along, and there is no reasonable hope of reconciliation. You do not need to prove that either party was at fault for the breakdown of the marriage. The majority of divorces in Ohio are filed on this basis, as it allows both parties to end the marriage without placing blame.

What is considered marital property in Ohio?

Marital property encompasses all assets and debts acquired by either spouse during the course of the marriage. This includes items such as real estate, vehicles, bank accounts, retirement funds, and even businesses. Separate property refers to assets and debts owned by a spouse prior to the marriage, as well as inheritances or gifts received solely by one spouse.

Should I choose dissolution or divorce?

Choosing between dissolution and divorce depends on your specific situation. Dissolution is typically faster and less adversarial, as it requires both parties to agree on everything. It’s often a good option if you and your spouse can cooperate and communicate effectively.

On the other hand, divorce is necessary when there are disagreements that cannot be resolved amicably. It allows the court to intervene and make decisions on contested issues. While it may take longer and be more expensive, it’s the right choice when mutual agreement isn’t possible.

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