Lawrence County Ohio Divorce and Custody Attorneys
 

In Ohio, a marriage can be ended through divorce, dissolution, or annulment, each with its own benefits and faults.

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Divorce is the most common method and involves one spouse filing a complaint, alleging grounds such as incompatibility or fault-based reasons like the parties have lived separate and apart for greater than one year, adultery, habitual drunkeness, gross neglect of a marital duty, or extreme cruelty. Each ground has specific criteria that must be proven to the court.  The primary benefit of divorce is that it allows for judicial intervention when spouses cannot agree on issues like property division, child custody, or support. This process ensures legal protections and fair resolutions enforced by the court. However, the faults of divorce include a potentially lengthy, contentious, and costly process, as it often involves extensive legal proceedings, discovery, depositions, and possibly a trial.

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Dissolution is an alternative to divorce that requires both spouses to agree on all terms of the separation, including asset division, custody, and support. The benefits of dissolution include a faster, less expensive, and more amicable process since it avoids the adversarial nature of divorce. It is a streamlined process where the agreement is submitted to the court for approval, typically leading to a final dissolution in about 42 to 90 days. The fault of dissolution is that it requires complete agreement on all issues from the start; if any disputes arise, the process cannot proceed, and the couple may need to pursue a divorce instead.

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Annulment is less common and applies in specific circumstances where the marriage is considered legally invalid from the beginning. Grounds for annulment include bigamy, coercion, fraud, mental incapacity, or one spouse being underage without proper consent. The benefit of annulment is that it treats the marriage as if it never existed, which can be important for personal, religious, or financial reasons. However, the faults include the difficulty of meeting the stringent grounds required for annulment and the potential complexity of proving these grounds in court.

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The Ohio divorce process begins with one spouse filing a complaint for divorce in the domestic relations division of the Lawrence County Court of Common Pleas. The filing spouse, known as the plaintiff, serves the complaint to the other spouse, the defendant, who must respond within twenty-eight days. Both parties then engage in the discovery process, exchanging financial documents and other relevant information to ensure full disclosure of assets and liabilities.

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Temporary orders may be issued to address immediate needs such as child custody, support, and use of marital property during the divorce proceedings. Mediation or settlement conferences often follow, aiming to resolve disputes amicably. If an agreement is reached, a settlement agreement is drafted and submitted to the court for approval. If no agreement is reached, the case proceeds to trial where a judge makes determinations on issues like property division, spousal support, child custody, shared parenting and child support based on factors such as the length of the marriage, each spouse's income, and the best interests of the children.

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Once all issues are resolved, either by agreement or court order, the final judgment of divorce is issued, legally dissolving the marriage and outlining the terms of the divorce. This judgment addresses the division of marital property, any spousal support, and parental responsibilities if children are involved.

Post-divorce, either party can request modifications to child custody, support, or spousal support if significant changes in circumstances occur or if it is in the best interests of the minor children with a shared parenting plan. The entire process can take several months to over a year, depending on the complexity of the case and the level of conflict between the spouses.

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If you need representation for divorce and custody in Ironton, Coal Grove, South Point, Hanging Rock, Athalia, Crown City, Chesapeake, or Proctorville, call McCown, Fisher & Cremeans, at either of convenient Lawrence County, Ohio locations today.  

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 Ironton Ohio Office                                                                                                                                         

 311 Park Avenue                                                                                                                                               

 Ironton, OH 45638                                                                                                                                       

 (740) 532-8744   

 Chesapeake Ohio Office

  220 4th Street 

 Chesapeake, OH 45619

 (740) 867-3166