> Domestic Relations Court | Daniel F. Gigiano Co., L.P.A.
CALL TODAY
(330) 336-3330

Posts tagged "domestic relations court"

When Does Spousal Support End?

Daniel F. Gigiano, Wadsworth OhioWhen does spousal support end?  Even when spousal support is determined as lifetime spousal support, it is not necessarily forever.
There are four ways in which an order for spousal support may terminate:
  1. Spousal support may terminate on a specified date;
  2. Spousal support may terminate upon the occurrence of a specified event;
  3. The domestic relations court may terminate spousal support pursuant to its continuing jurisdiction if a change of circumstances has occurred that supports termination of spousal support;
  4. Spousal support may terminate as a matter of law upon remarriage of the recipient spouse or the death of either party.
(more…)

Property Division In Divorce

This article will discuss property division in divorce.  What is property?  Property can be real property, otherwise known as real estate.  Property can also be personal property, which includes cash, financial and retirement accounts, vehicles, and household goods.
Under Ohio Revised Code 3105.171 (R.C. 3105.171), there are nine factors that govern only the division of property: (more…)

Dividing Retirement Benefits In Divorce

How do you go about dividing retirement benefits in divorce?  First, the domestic relations court must determine who is entitled to what portion of retirement benefits.  Retirement benefits accumulated during the marriage are marital assets, and must be divided as part of an equitable division of property.  Equitable division means a fair division of property. (more…)

Medina County Legal Custody Attorney

What does a Medina County legal custody attorney do?  In Ohio, it is usually a request from the court to “allocate parental rights and responsibilities” or when modifying an existing custody order, “reallocate parental rights and responsibilities.”  If a parent is granted custody in a divorce, dissolution, annulment, legal separation or parentage case, that parent is named the residential parent and legal custodian of the child.  If shared parenting is granted, both parents are the residential parents, but one will be the residential parent for school purposes, which means the child will go to school in the district in which that parent resides.  Shared parenting does not necessarily mean equal time or support, but simply means that both parents share equal responsibilities. (more…)

Custody Rights Of An Unmarried Mother

What are the custody rights of an unmarried mother?  Ohio law provides a number of direct answers to this question.  Ohio Revised Code 3109.042 (R.C. 3109.042) answers that question: “An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian.”  This means that, unless a court has ruled otherwise, an unmarried mother is the sole legal custodian of her child, giving her the right to make decisions for her child. (more…)

Wooster Divorce Attorney

A Wooster divorce attorney provides representation for individuals who either reside in Wooster or who need to go back to the Wayne County Domestic Relations Court’s continuing jurisdiction because they finalized a divorce case in that court.
Where one or both parents are Wooster residents, a divorce would likely be filed in the Wayne County Domestic Relations Court.  Such cases start with a complaint, affidavits, and requests for temporary orders.  The attorneys attend a number of hearings to discuss the issues with the court, consisting of a number of pre-trials.  In Wayne County, these hearings are given specific names, including the Status One Hearing, Status Two Hearing, and Pre-Trial.  If the matter cannot be settled during or as a result of any of these pretrial hearings, the case proceeds to a final hearing before the magistrate. (more…)

Everything You Wanted To Know About Child Support

Everything you wanted to know about child support but were afraid to ask is right here.  Just about.  Putting everything in would fill books.  Maybe, this should be called a quick look at what you need to know about child support. Anyway, here goes.
If a child’s parents are separated from each other, chances are that a child support order is either in place or can be put in place.  Child support may also be ordered when the parents are in divorce, dissolution of marriage, paternity and legal separation cases.  A child support award can originate or be modified through the county’s Child Support Enforcement Agency (CSEA), domestic relations court or juvenile court.  In Medina County, child support is usually awarded in the Medina County Domestic Relations Court.  Summit County is the same, as it also has moved all of its parentage and/or paternity cases to the Summit County Domestic Relations Court.   A Summit County attorney or Medina County attorney would file for child support in domestic relations court, regardless of whether the case was a dissolution, divorce or paternity action.  However, Wayne County has not moved its parentage and/or paternity cases to domestic relations court.  A Wayne County attorney would file for child support in Wayne County Juvenile Court in a paternity action.  That same Wayne County attorney would still file for child support in Wayne County Domestic Relations Court in a divorce or dissolution. (more…)

Can You Force Your Spouse into a Divorce?

I am often asked: can you force your spouse into a divorce?  Many parties get divorced by agreement, otherwise known as a dissolution.  While getting divorced by agreement can be less expensive, save time, and be less emotionally draining, sometimes the parties cannot reach an agreement or one spouse refuses to get divorced.  While most divorcing couples would simply agree that they are incompatible, otherwise known as stipulating to incompatibility, Ohio provides for a number of grounds for divorce. (more…)

Westfield Center Divorce Attorney

A Westfield Center divorce attorney practices family law in the Medina County Domestic Relations Court, Medina County Juvenile Court and Medina County Probate Court.  These courts are located at the courthouse located at 99 Public Square, Medina, Ohio 44256.
Where both parents are Westfield Center residents, a divorce case would be filed in the Medina County Domestic Relations Court.  A divorce in the Medina Domestic Relations Court starts with the filing of a complaint, accompanied by a number of affidavits, and usually a request for temporary orders.  Temporary orders can be determined by affidavit or at an evidentiary hearing.  Temporary orders determine issues such as support, child custody, and exclusive use of a residence until the court can make a final determination at the final hearing. (more…)

Summit County Divorce Attorney

Parents and spouses who reside in Summit County may need the services of a Summit County divorce attorney.  Divorces, dissolutions, and paternity cases are heard in the Summit County Domestic Relations Court, 205 S. High Street, Akron, Ohio 44308. A divorce in the Summit Domestic Relations Court starts with the filing of a complaint, accompanied by a number of affidavits, and usually a request for temporary orders.  The Court typically sets a temporary orders hearing several weeks out from the filing of the motion for temporary orders, at which the attorneys argue the parties’ respective positions before the court.  The court issues a decision soon after the hearing.  The court later conducts pre-trials, including a discovery status conference and a pre-trial conference.  The case is later set for trial. (more…)

Medina County Divorce Attorney

What is a Medina County divorce attorney? A Medina County divorce lawyer practices family law.  A divorce for Medina County residents begins in the Medina County Domestic Relations Court, 99 Public Square, Medina, Ohio 44256.

Medina County Divorce Process

  A divorce in the Medina Domestic Relations Court usually starts with the filing of a complaint, affidavits, and a request for temporary orders. This initial process is important as it determines support, child custody and other issues until the final hearing.  The court determines the discovery schedule and trial date in its case management order. (more…)

Norton Divorce Attorney

What is a Norton divorce attorney? A Norton divorce lawyer provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities. Where both parents are Norton residents, such cases would originate in the Summit County Domestic Relations Court, 205 S. High Street, Akron, Ohio 44308. This article will limit the scope to outlining the basic hearings for  divorces, but does not set out every possible motion or procedure in such cases. (more…)

Barberton Divorce Attorney

What is a Barberton divorce attorney? A Barberton divorce lawyer provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and motion to modify parental rights and responsibilities. Where both parents are Barberton residents, such cases would originate in the Summit County Domestic Relations Court, 205 S. High Street, Akron, Ohio 44308. This article will limit the scope to outlining the basic hearings for  divorces, dissolutions, and paternity cases, but does not set out every possible motion or procedure in such cases. (more…)