Columbus, Ohio Family Law Attorney

Family Law Overview

No matter your reason for contacting a family law attorney, you need to understand the legal aspects of your particular matter and have the confidence that you will be represented in a manner consistent with your expectations. When I first meet with you I get to know your case on a personal level so that I am better able to address your concerns and assist you in identifying realistic expectations. No matter the complexity, an important goal in any family law matter is identifying clear objectives to ensure the best use of resources. As compared to other areas of the law, family law involves not only legal issues, but more importantly, protecting your most valued and precious personal relationships. As such, it is important for me to ensure that my clients understand the short and long-term impacts of particular decisions made in the course of their legal proceeding.

Generally, family law deals with the legal aspects of the family relationship. Below is an overview of common family law issues.

Dissolution or Divorce?

There are two ways to end a valid marriage – by dissolution of marriage and by divorce.

A dissolution of marriage is where the parties agree on all of the terms and conditions of ending their marriage. Once an agreement is reached it is reduced to writing (called a “Separation Agreement”), filed with the Domestic Relations Court, along with a Petition for Dissolution. Should the dissolution also involve a shared parenting arrangement for the children, the shared parenting plan is also filed with the Court for final approval. Thereafter, the parties attend a final hearing before a judge.

A divorce on the other hand, is a contested, adversarial proceeding where the parties sue one another and address the same issues of ending their marriage as with a dissolution; however, the Court, and not the parties, will ultimately decide the terms and conditions of ending the marriage. As a result, the parties lose control over the ultimate outcome of their family matter. Sometimes the circumstances are such that an amicable resolution is not feasible; but it is very important for parties to at least try to settle their matter before deferring to the Court to resolve differences.

A dissolution is usually the most cost effective, least stressful way to end a marriage. For these reasons, I offer an affordable flat fee dissolution as an alternative to a costly, time consuming divorce proceeding.

1. Division of Marital Assets - these are the assets acquired by the parties (individually or jointly) during the marriage and can include a marital home, retirement and pension benefits, military benefits, savings and checking account balances, and business interest, to name a few. There are a number of exceptions so it is important to seek the counsel of an experienced family law attorney to discuss your matter.

2. Division of Marital Debts - like marital assets, marital debts are the debts or liabilities incurred by the parties (jointly or individually) during the marriage and can include credit card debt, mortgage(s), home equity line(s) of credit, loans against retirement assets, personal loans, delinquent taxes and automobile loans, to name a few. As with division of marital assets, there are exceptions and it is important to seek the counsel of an experienced family law attorney to discuss your matter.

3. Spousal Support: spousal support is not automatic when ending a marriage and must be requested by a party. Should the parties agree on spousal support, it is necessary to clearly state in the final order the amount of the spousal support and its duration. Furthermore, it is also important to state in the final court order whether the Court will have continuing jurisdiction to modify the amount of spousal support or its duration, or both in future years. Also, there are specific Internal Revenue Code factors that must be considered when determining the frequency and pay-out of spousal support. It is also very important to consider the tax ramifications that spousal support will have on both parties. As with most family law matters it is recommended that you consult with an experienced family law attorney to better understand your rights.

4. Child Custody - as with all parental relationships it is imperative that you address the custody and parenting time arrangement with your children. There are two types of custody arrangements, sole custody and shared parenting. Both types of arrangements address the legal rights and responsibilities of the parents as it relates to the children, however, the best interests of the children should be paramount. Furthermore, regardless of the type of custody, the parenting time of each parent needs to be set forth in the separation agreement. Parenting time includes regular weekly parenting time along with holiday and vacation parenting time such as winter break and summer vacation.

5. Child Support: Regardless of the parenting arrangement, the financial support of the children must be addressed. Everything from monthly child support, health insurance, payment of extracurricular activities, to identifying which party is entitled to claim the children for tax purposes, must be clearly stated in the final order. Additionally, when determining the child support amount it is very important to quantify appropriately the income of the parties. Not all income is includable for purposes of calculating child support, and some income such as overtime, bonus and commission income are subject to averaging rules. It is possible for the parties to agree to decrease or increase the child support amount (called a deviation in child support), so long as the factors set forth under Ohio’s child support statutes are observed and the court finds that the deviation is in the best interests of the children.

Unmarried Parents

In Ohio, when a child is born to parents that are not married the mother is deemed the sole legal custodian of the child. What this means is that the father will need to first establish his paternity, and then pursue establishing his parental rights at court.

All parents have a duty to financially support their child, regardless of whether there is a court order establishing parental rights, child custody and child support.

When representing unwed mothers and fathers, I seek to understand the relationship of the parents in the context of the child's best interest. It is very important to protect a parent's respective rights while also addressing the child's best interests.

Stepparent Adoption

Often times a stepparent is the party raising a child in place of the biological parent. Under certain circumstances, Ohio law provides for stepparents to adopt the child. It is very important to thoroughly prepare your stepparent adoption case to provide the best possible outcome at court.

Stepparent adoptions provide a child stability in a nurturing environment where the stepparent is granted legal parental rights to the exclusion of one of the biological parents. As with all matters dealing with legal custody of a child, the court must find that the stepparent adoption is in the child's best interest. The consent of the natural parent is not necessary in certain circumstances, so it is important to determine how best to proceed before filing a Petition for Adoption.

To that end, I represent both the adopting stepparent and the biological parent to ensure that the rights of the parties are protected and the best interests of the child are served.

When dealing with divorce, dissolution, child custody, child support, establishing parental rights, legal separation, spousal support, grandparent / companionship rights, stepparent adoptions and annulment of marriages it is important to understand Ohio law and its application to the facts of each case. I limit my practice to legal issues facing Central Ohio families.

A Columbus, Ohio Family Law, Divorce, Dissolution, Child Custody and Child Support Lawyer

If you would like to speak with me regarding divorce, dissolution, child custody, child support, establishing parental rights, legal separation, spousal support, grandparent / companionship rights, stepparent adoptions and annulment of marriages, please e-mail or call (614) 461-5708 for a FREE telephone consultation.

Columbus, Ohio, Family Law Attorney Dirken D. Winkler