Columbus, Ohio Divorce Lawyer

Lisa M. Slotnick, Attorney at Law

Uncontested Divorce
In an uncontested divorce, a complaint is filed by one party, the Plaintiff, and is typically served upon the other party, the Defendant. The Defendant does not have to appear at the final hearing or sign off on the final paperwork, if he or she has been served or signs a waiver of service. In an uncontested divorce, one party does not have to participate in the divorce, although both parties can reach an agreement. The final hearing can be attended by the Plaintiff and a witness or the Plaintiff and the Defendant. The hearing can occur in the Courthouse in front of a Judge, or in my office, in front of a private Judge.

Depending on your circumstances, the divorce decree must address these significant matters: the division of marital assets and debts, spousal support (if necessary), child custody and child support issues (if applicable). You can also establish parentage of your children in a divorce, depending on the circumstances of when they were born and to whom.

When ending their marriage it is imperative that the parties have discussed how to divide their marital assets and debts; whether any spousal support will be paid; and the custody and support of their children, if applicable. It is always helpful to consult with an educated Columbus, Ohio divorce attorney.

The formal ending of a marriage requires the parties to address the following areas as they relate to their particular situation:

Marital Assets: Generally, all assets acquired by either party during the marriage are considered marital assets. Although, there are some limited exceptions, such as inheritances, “marital assets” encompass all property acquired during the marriage regardless of how the property is titled or owned.

Marital Debt: As with marital assets, marital debt includes all debt incurred by the parties during the marriage. It is presumed that debt incurred during the marriage was for a marital purpose and that both parties are jointly liable. Again, there are limited exceptions, but it is important for parties to understand how best to structure payment of debt when ending a marriage.

Child Custody: When ending a marriage with children, the parties must address how best to care for their children. There are two types of custody arrangements under Ohio law: sole custody and shared custody. Basically, sole custody means that one person has legal custody of the children. Shared custody, or shared parenting, means that both parents have legal custody of the children together. It is a common misconception that if a person enters into a Shared Parenting Plan, then both parents must have equal time with the child, and that is not the case. Custody, whether sole or shared, merely pertains to the authority the parties have to make decisions regarding the care of the children; for example, parents can make joint decisions regarding major medical issues, and extracurricular activities when they have shared custody of a child. Parenting time with a child deals with the physical time a parent spends with a child and is separate and apart from the legal custody of the child.

Child Support: All parents are required not only to care for the physical needs of their child, but to also support the child financially. To that end, child support is ordered in most parenting arrangements to meet this obligation. The amount of child support is based on the parents’ gross combined income and the number of children. Not all income is includible for determining the parties’ gross income and it is beneficial to have the services of a well qualified Columbus, Ohio divorce attorney to properly assist in determining appropriate child support. Other issues relating to child support are determining which party will carry health insurance for the benefit of the minor children, and which party will be able to claim the children as dependents for federal and state tax purposes.

Please contact Lisa M. Slotnick, Attorney at Law, for more information about an uncontested divorce.

Columbus, Ohio Divorce Attorney