Domestic Relations
Domestic Relations encompasses all areas of family law, law dealing with all aspects of the family. This includes divorce, dissolution and legal separation. It also includes issues with custody, visitation and contempt of a court order related to family law. A dissolution will terminate the marriage but the parties are able to reach an agreement on every issue prior to any litigation. The parties have resolved who will have custody, parenting time, the allocation of assets and debts, etc. It is less expensive and usually takes less time than a divorce.
A divorce will also terminate the marriage but the parties are unable to agree prior to litigation. One party files a complaint with the court and a hearing is set. At that time if the parties’ are unable to reach a resolution a judge or magistrate will hear the case and decide the issues of custody, parenting time, and the allocation of assets and debts. A legal separation is very similar to a divorce but your marriage is not terminated. Many older folks choose this route as it allows a spouse to remain on the other spouse’s health insurance.
Custody disputes are the dispute between two parents (occasionally a third party) as to who a minor child(ren) will reside. Under Ohio law, if the parents are not married the mother has automatic custody of the child until the father files an action with the juvenile court. If the parents are married, both parents stand on equal footing prior to the custody action. Many times guardian ad litems (GALs) are used to help the court decided as to which parent the child should reside. The Ohio Revised Code sets out 14 factors to guide the court in determining which party shall have custody. Visitation issues concern the parenting time the non-residential parent has with the minor child.
Many people try to act as their own attorney in domestic relations proceedings and end up regretting it. Consider the repercussions carefully before you decide to represent yourself.