03. Family Law / Domestic Relations
"Family is a life jacket in the stormy sea of life"
- J.K. Rowling
Domestic Relations matters are those handled in the Domestic Relations Division of the Court of Common Pleas. This Court is assigned to hear all Divorces, Dissolutions, Annulments, and Legal Separations. This Court is also assigned to hear Domestic Violence Civil Protection Orders (as opposed to anti-stalking civil protection orders which are heard in the General Division) and Interstate Enforcement of Child and Spousal Support matters. Joe Tekulve Law handles these matters in Clermont, Hamilton and Brown Counties, and is ready to help protect your rights and the rights of your family.
Divorvce, Dissolution, & Legal Separation
A divorce proceeding is a lawsuit filed by one spouse against the other for termination of the marriage. Ordinarily, there is no written agreement in place when the complaint for divorce is filed, and filing for divorce launches either the Contested or Uncontested litigation process.
If the parties are unable to agree on division of assets, debts or parenting issues, the matter will proceed as a contested divorce and likely require numerous hearings or even trial to reach a resolution. Depending on the specific situation, contested divorces may require adjudication as to one or more issues involved. For example, if the parties are able to agree on issues of property and debt allocation but unable to agree as to parenting issues, a separation agreement may be submitted leaving only the issue of parental rights to be determined by the Court. Further, should the parties be in agreement with the parenting issues and fail to agree on property division, a parenting plan can be submitted leaving the issue of property allocation to the Court.
Should the parties agree on all the issues, property division, debt division and retirement plan allocation, they can prepare and submit a signed separation agreement to the Court.
If the parties have a child or children and they agree on all issues involving the child or children, they can submit signed documentation delineating that agreement. That parenting agreement can be in the form of a Shared Parenting Plan. Such a plan would put forth the parenting responsibilities agreed upon by the parents as well as a parenting schedule. The Shared Parenting Plan will allocate tax deductions and address the allocation of uncovered medical expenses. Such a plan is likewise submitted to the Court for consideration. Should the Parenting Plan be in the best interest of the child or children, the Court will adopt same in its entirety.
If the parties reach a written agreement regarding all issues prior to initiating court action, they may then file a Petition for Dissolution jointly. The written agreement must include resolution of all property, debt, child support, spousal support, income tax and child custody issues. Dissolution proceedings are always no-fault in nature and a final hearing is held quickly (between 30 and 90 days) after the parties’ file their Petition for Dissolution.
The key to obtaining a dissolution is negotiation of the terms of the written agreement. That negotiation can occur either as a non-adversarial process (such as in a collaborative process where the parties work together to resolve their issues) or as an adversarial process (such as in traditional lawyer negotiations). Choosing the nature of the negotiation process is therefore an extremely important decision whenever either spouse is contemplating termination of the marriage.
Custody, Visitation, and Child Support
We also provide representation for the following areas of family law:
Modification of Child Custody
Visitation / Grandparent's Rights
Initial Determination of Child Support
Modification of Child Support