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Family Law FAQ

Family Law

Q. What is the difference between a divorce and dissolution?
A. Dissolution of a marriage is an action, in which the parties mutually agree on all issues pertaining to the termination of their marriage. Divorce is a civil lawsuit to to end a marriage. It is necessary in a dispute in which the husband and wife cannot resolve their problems, and are asking the Court to make the final decision and issue orders concerning property, support, and children.

Q. What is spousal support?
A. Changes in Ohio law have substituted "spousal support" for what used to be called "alimony." Spousal support is awarded to help sustain a spouse after property division has been awarded in a divorce settlement.

Q. What is shared parenting?
A. Shared parenting is the preferred mode for allocating the rights and responsibilities of both parties. If a plan for the children's care is submitted by one or both parties, the Court may adopt a plan and grant shared parenting. However, if the Court finds the proposed plan is not in the best interest of the children, it can amend the plan or deny shared parenting altogether. If no plan is submitted, the Court will allocate the parental responsibilities to one of the parents, naming that parent as residential parent and legal custodian of the child.

Q. How is visitation determined?
A. In every case involving children, the Court orders a specific schedule for visitation or companionship with the parents. The primary consideration is the best interest of the children. Ohio statutes provide many factors to be considered in making the determination. Each county in Ohio must have a standard order of visitation. These orders can be changed to meet the individual child's needs. The Court may also award companionship rights to persons other than the parents.

Q. How is child support determined?
A. Ohio law requires that the amount of child support must be determined by the procedure outlined in the Ohio revised code. The statutes set basic support schedules based on the number of children and the combined gross income of the parents. To calculate the appropriate amount of child support, the Court combines the gross income of each parent and applies the guidelines in the basic support chart.

Q. Do grandparents have rights to visitation?
A. Grandparents can file a complaint for third party visitation rights in Domestic Relations Court.



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