Moskowitz & Moskowitz LLC

A divorce is a civil proceeding that terminates the marital relationship. This process is generally used when a husband and wife cannot agree on how to resolve the division of their assets and debts, spousal support, and, if there are minor children, child custody, parenting time (visitation), and/or child support. In such case, it is the Court that makes the decision for them.

A legal separation is a proceeding that is similar to a divorce in that it enables spouses to obtain court orders as to the equitable division of property, child custody, parenting time, child support, and spousal support. Because there is no residency requirement for filing a complaint for legal separation, spouses who have recently moved to Ohio may file for legal separation without satisfying the 6-month residency requirement for divorce. Unlike a divorce, this process does not terminate the marital relationship.

A dissolution is a civil proceeding that terminates the martial relationship. This process is used when the spouses agree on all of the issues (division of their assets and debts, spousal support, and, if there are minor children, child custody, parenting time (visitation), and/or child support). A shared parenting plan may be prepared where appropriate.

An annulment is a civil proceeding that terminates the martial relationship. An annulment decree operates to hold the marriage as a nullity as though it had never existed. A marriage may be annulled when certain conditions existed at the time of the marriage. The conditions or grounds for an annulment include underage marriage, the existence of a living spouse, mental incompetence, fraud, and non-consummation. The court can issue orders concerning child custody and child support in annulment proceedings.

Collaborative law is a type of alternative dispute resolution. It provides an option to couples who wish to avoid litigation and other avenues traditionally used in the termination of the marriage. Collaborative law requires couples to work cooperatively with each other, with the assistance of legal counsel and other collaborative professionals, to resolve the issues related to the termination of their marriage.

There are two types of custody arrangements in Ohio, shared parenting and sole custody. Neither arrangement is connected to a specific visitation schedule. Thus, shared parenting does not mean equal or 50/50 time. When the parents cannot agree on a particular arrangement, the court will decide the appropriate parenting arrangement based upon its determination as to what is in the best interest of the children.

Parents have a duty to financially support their children until at least their 18th birthday. The duty will continue beyond the 18th birthday if the child continues to attend high school on a full time basis. However, unless the child is mentally or physically disabled and is unable to support him or herself, the child support will terminate when the child turns 19.

Spousal support (formerly known as alimony) is a payment from one spouse to the other for their sustenance and support when spouses are living apart or have been divorced. Spousal support may take the form of real or personal property or both. Spousal support may be in the form of a lump sum payment of money or periodic installments.

Premarital, agreements (also known as Prenuptial agreement) are recognized and enforceable in Ohio. Generally, to be valid and binding, the agreement must specifically identify all assets and debts, with their accompanying values; must be in writing and signed by both parties; and must be entered into freely without fraud, duress, coercion or overreaching.

When unmarried people have a child together, it is necessary to formally establish paternity of the child. This may be established through an acknowledgement of paternity that must be signed by both the mother and the father. The document is then filed with the office of child support in the department of job and family services no later than 10 days after it has been signed.

Mediation is a type of alternative dispute resolution. It is a tool that can be used to resolve issues that arise in a divorce, dissolution or post decree. The mediator is trained to work with the parties in an effort to assist them in resolving their issues without court intervention. The mediator is impartial and does not take a position on any issue. The mediator and facilitates communication between the parties. Mediation can be used to resolve any issues including, but not limited to, custody, parenting time, division of property and debts, child support and spousal support.