Divorce

Columbus, Ohio, Divorce Lawyer

Divorce is not something you plan on when you get married. Things happen. Relationships change. Now that your marriage is ending, who can you turn to? Who will look out for your rights? As a divorce lawyer, I am acutely aware of the distress and uncertainty facing my clients. It is my job to help a client navigate the process of a divorce or dissolution safely and with dignity.

There is a difference between a divorce and a dissolution. In a dissolution, the parties agree on all of the terms and conditions of terminating the marriage and the parties jointly file a "petition for dissolution" with the court. A divorce, on the other hand, is a contested, adversarial proceeding where the parties sue one another and dispute the terms and conditions upon which to terminate a marriage. As you can imagine, a dissolution is usually less costly and more amicable than a divorce action.

The process of divorce in Ohio

If you contact me concerning a divorce, there is no charge for our initial telephone conference. During that conversation, we will briefly discuss your situation and determine whether we should meet, either at my office in Columbus or at another site. At the time of our first meeting, we will discuss not only legal and financial aspects of divorce, but how it will affect your relationships with your children and others close to you. I will ask you to think about where you want to be in the future and what you want for your children.

Filing for divorce; responding to a divorce suit

In Ohio, divorce begins when one party files a lawsuit. (If the spouses are in complete agreement on the terms by which they will end their marriage, they will pursue dissolution of marriage). Whether you are filing for divorce or responding to your spouse's suit, it is important not to discuss issues with your spouse until you have talked to an attorney. Based on your personal goals and legal situation, we will discuss how best to set-up your case and address your legal strengths and weaknesses. Remember, as your lawyer you did not hire me to tell you what you want to hear, rather, you hired me to tell you what you need to hear and to be your zealous advocate. Throughout the entire legal process I continually discuss with clients their legal matters so that they can make informed decisions.

Temporary orders: child support, custody and alimony

Where necessary, and upon request by the parties, the court will issue temporary orders addressing such issues as temporary child support and child custody, parenting time, spousal support (alimony), payment of debts; who will continue to live in the family home; and who is responsible for the mortgage payment and bills. "Temporary Orders" are issued early in the legal proceeding to deal with the daily life issues of debt, mortgage, living arrangements and child custody issues until such time as the divorce proceeding is finally resolved.

Discovery: what are the facts?

The next phase is discovery, where lawyers gather information on everything relevant to the case: checking account statements, pay stubs, tax returns, documentation of any disability affecting a spouse's earning potential, competency or needs, any abuse and any other information that the court may need to know relating to the best interests of the children, including the children's relationship with the extended family. When evaluating the marital estate, particularly in a complex or high-asset divorce, I may consult with experts regarding the value of certain property including the marital home, retirement assets (including loans or distributions), stocks, privately held business interests, and other significant assets and debts). Often financial records, including bank account statements and financial statements, indicate abnormal deposit or withdrawal histories. In that case, I can retain the services of a forensic accountant and other financial experts so that I may look into the discrepancies more fully. As with most legal matters, obtaining relevant information is crucial. Throughout the entire legal proceeding I work closely with my clients, encouraging them to contact me with any additional information.

The divorce decree

If a couple is able to negotiate reasonable compromises on division of the marital estate, spousal support (alimony), child support, custody and visitation, the agreement will be drafted and submitted to the court for approval. However, if the couple has unresolved issues then the matter will proceed to a trial and the terms and conditions upon which the marriage will be terminated will be decided solely by the court. In both instance, any future changes to the divorce decree would be handled under a process of post-decree modification. However, generally, property divisions under a decree are final and may not be modifiable at a later time.

If you would like to speak with me about divorce, please call (614) 461-5708 or e-mail my Columbus, Ohio, office for a free consultation. I accept credit cards, and I meet with clients at out-of-office locations on evenings and weekends. As your attorney, I will see that you have all of the information you need to make good decisions and proceed with confidence.

For general information, visit our Divorce and Community Property Information Center.

Dirk D. Winkler, Columbus, Ohio, Divorce Lawyer