FAMILY LAW - DIVORCE - CUSTODY LAW IN MEDINA, OHIO AND SURROUNDING AREAS

Gerald D. Piszczek Attorney at Law

Attorney Gerald D. Piszczek concentrates heavily in the area of family law. It is his goal to protect each client's rights and interests while focusing on the impact present decisions will have on the future. The area of family law includes divorce, dissolution, child support, custody, modifications, civil protection orders, spousal support (alimony), domestic relations negotiations, family law litigation, mediation, parenting plans, prenuptial (antenuptial) agreements, post-decree modifications, property division, shared parenting plans, grandparents rights, qualified domestic relations orders, and domestic violence petitions.

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DIVORCE

A divorce is a court proceeding which seeks to terminate a marriage contract between two people when grounds for divorce are present.

The Ohio Revised Code sets forth the grounds for divorce. Divorce typically involves issues when spouses disagree.

If the parties cannot agree, the Court makes the final decision regarding issues such as property division, spousal support, debt allocation, custody, and child support.

Couple In Front Of Divorce Paper — Medina OH — Gerald D. Piszczek Attorney at Law

Dissolution

A Dissolution of Marriage can be granted by a Court when both parties agree to all matters.

The Court hearing is generally scheduled between 30 to 90 days after the filing of the Petition for Dissolution of Marriage.

Child Custody/Visitation

Attorney Piszczek considers children to be the most important consideration in a family law action.

The Court generally encourages the parties to reach an agreement regarding the parenting of the children.

However, often an agreement is not possible and litigation is necessary. If the parties can not agree, the Court makes a determination regarding the allocation of parental rights and responsibilities of the children after taking into account the best interest of children.

Since no two situations are exactly alike, the facts of your specific situation should be discussed with the attorney in detail when discussing the best interest of the children.

Shared Parenting may or may not be appropriate depending on the circumstances. This should also be discussed in detail with the attorney.

Also discuss with the attorney the advantages and disadvantages of a guardian ad litem, forensic psychologists, custody evaluations, and court interviews of the children.

Property Issues

Separate Property • Marital property/Marital Debts

Separate Property

The Ohio Revised Code establishes what is separate property and what is marital property. Generally the person who acquired the separate property retains the separate property.

Examples of separate property include:

  • Property a person owned prior to marriage
  • Property acquired by inheritance
  • Property obtained as a gift

Marital Property/Debts

Any marital property or debts acquired during the marriage will generally be divided between the two parties.

This may include assets such as:

  • Real Estate
  • Retirement Benefits
  • Investments
  • Vehicles
  • Personal Property
  • Household Items and Furniture

Support Issues

Spousal Support (Sometimes Called Alimony)

The Court may award spousal support to either party after the court considers certain factors such as:

  • The income of the parties
  • The relative earning abilities of the parties
  • The ages and the physical, mental, and emotional conditions of the parties
  • The duration of the marriage
  • The standard of living of the parties established during the marriage
  • The relative extent of education of the parties

This list is not exhaustive, and there are other factors the Court must consider which should be discussed with the attorney.

Child Support

  • The Ohio Child Support Guidelines determine the amount of support, but the Court may approve a deviation from the guideline amount when appropriate.
  • The Guidelines take into account factors such as the income of the parties, the number of children, childcare costs necessitated by the employment of the parties, and the children's health insurance costs.

This list is not exhaustive, and there are other factors in the guidelines which should be discussed with the attorney.