DIVORCE & FAMILY LAW
Few events are as life-altering as divorce. If your marriage is ending you may be experiencing intense emotional pain and psychological trauma, deteriorating physical health, and financial hardship.
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The Facts…
Few events are as life-altering as divorce. If your marriage is ending you may be experiencing intense emotional pain and psychological trauma, deteriorating physical health, and financial hardship. That means you will be making critical decisions that will affect you, your soon-to-be ex-spouse, your children, and other family members for years to come–all at a time when your judgment may be clouded by the many things that are happening to and around you.
Add to these personal challenges and extremely high stakes the fact that divorce cases are among the most complicated in our legal system and it is easy to understand why many experts recommend contacting a law firm with vast experience in domestic relations law like BK as soon as you believe your marriage may be in trouble.
Because our experience has taught us that no two domestic relations lawsuits are the same, Mark DeVicchio, leader of BK’s Domestic Relations Practice Group, develops and implements personalized legal action plans for every client. We begin by asking deeply probing questions and gathering the documents and data we need to thoroughly analyze every aspect of a case. We combine the information we gather in this way with our legal expertise, comprehensive knowledge of domestic relations law, and familiarity with the way in which the courts apply it to create a custom-designed strategy that ensures our clients’ rights are protected during every phase of their divorce.
Our customized plans enable our clients to make well-informed, rational decisions about matters that may be resolved between the parties. We’ll determine whether it is possible and/or advisable for you and your spouse to end your marriage via a negotiated dissolution agreement. Then we’ll use we’ll use our experience and appreciation for the impact divorce has on children to craft a custody agreement that both protects your children and preserves your relationship with them.
Strategic Focus
At the same time, our strategic focus also ensures that our clients are positioned to win if we are forced to fight a contentious divorce case in court. Our team of legal and financial experts is capable of handling extremely complex litigation related to the valuation and distribution of assets including real estate, businesses, investments, retirement accounts and pensions. We work tirelessly to safeguard your economic interests so your standard of living will not be severely damaged as a result of your divorce.
We work just as vigorously to resolve troubling issues involving your children. Our professional investigators gather evidence that will make sure the domestic relations judge or magistrate hearing your case is presented with the whole truth—and nothing but the truth—about you, your spouse, and your parenting skills. We are committed to securing your right to remain actively and intensely involved in the life of your children.
If you or your spouse are contemplating divorce or if you have been served with notice of a divorce action, don’t delay, act now to protect yourself, your children, your health, your finances, and your future. Contact Mark DeVicchio and BK’s experienced domestic relations team today by calling 330-746-8484, 800-457-2889 or by completing the contact form on this page.
Divorce & Family Law FAQs
Because domestic relations law is incredibly complicated and the implications and effects of a divorce case can profoundly affect the lives of all involved for many years, we highly recommend that you contact our highly experienced domestic relations team if you believe your marriage may be ending. The following information is provided strictly as a reference tool that will help clarify a number of the issues that are most commonly raised in divorce proceedings:
How May A Marriage Be Ended In Ohio?
A marriage may only be terminated through the court actions of divorce, dissolution, annulment, the death of one of the parties or a presumption of death which is defined as an unexplained continuous absence from the home for a period of seven years.
What Is The Difference Between A Dissolution Of Marriage And A Divorce?
Dissolution essentially means a married couple has agreed to end their marriage and neither party is alleging or asserting that their spouse did anything wrong. The couple will assert that the marriage is ending because of irreconcilable difference or incompatibility. They must also agree on all terms related to child custody, division of property and debts associated with ending the marriage.
Divorce generally occurs when one spouse wants to end the marriage and the other does not or a conflict exists over property or custody. A spouse may file for divorce for a number of reasons including but not limited to:
- Another spouse living at the time of marriage (bigamy)
- Willful absence of a party from the marital home for one year
- Extreme cruelty, defined as “acts or conduct calculated to destroy the peace of mind and happiness of one of the parties to the marriage”
- Fraudulent contract, i.e. a party was induced to enter the marriage as a result of a fraudulent representation that materially affects the essential elements of the marriage
- Gross neglect of duty, i.e. acts that constitute an omission to perform a legal duty, such as a failure to support the family
- Habitual drunkenness
- Imprisonment in a state or federal institution at the time of the filing of the complaint
Mark DeVicchio and the BK’s Domestic Relations team will evaluate and analyze your case and help you determine which course of action to pursue.
Can A Divorce Action Be Converted Into A Dissolution?
Yes. According to the Ohio Revise Code, a divorce action can be converted into the dissolution of marriage action at any time. Again, BK’s legal team can help you decide if your divorce case can be settled via dissolution or mediation.
My ex-spouse Is Not Paying Child Support. Can I Prohibit their Visitation Right?
No. By law, child support and visitation are separate and distinct issues. Visitation rights are intended to preserve as much of the family environment as possible for the child’s sake. That is why the law does not terminate visitation right to punish a party that is not paying support. In the end the only person “punished would be the child or children involved.
What Is ‘Marital Property’?
Marital property’ means, all of the following:
- All real and personal property that currently is owned by either or both of the spouses, including, but not limited to, the retirement benefits of the spouses and that was acquired by either or both of the spouses during the marriage
- All interest that either or both of the spouses currently has in any real or personal property, including, but not limited to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage
- Except as otherwise provided, all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage
- Participant accounts in state and municipal deferred compensation plans, to the extent set forth in the applicable statute
- Marital property” does not include any “separate property
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