Divorce is always difficult. That’s especially true if you’re considering divorce in Ohio with children. Divorces involving children are generally contentious, require more work, complicated, and much more consequential.
At the Law Office of Dmitriy Borshchak, our Columbus family law lawyers understand the challenges of getting a divorce when you’re a parent. Our attorneys are here to protect your rights and help you do what’s in the best interest of your children.
If you’re considering divorce with children in Ohio, you’re not alone. We’re here to help. Contact us today at 614-334-6851 for your free consultation.
Take a look at some of the most frequently asked questions by parents going through a divorce in Ohio.
Does Ohio Require Separation Before Divorce Involving Children?
No. Ohio does not require a legal separation before divorce. However, there are a few other requirements you must meet before filing for divorce in Ohio. They include but are not limited to:
- You must reside in Ohio for a minimum of six months before filing for divorce.
- You and/or your spouse must live in Franklin County for at least 90 days to file for divorce in Columbus.
- You typically can’t finalize a divorce in Ohio if you or your spouse is pregnant. However, some courts allow the divorce to move forward during pregnancy (depending on the jurisdiction and the circumstances of your case).
If you’re unsure of what county to file for divorce or your eligibility for divorce in Ohio, you should consult with a proven divorce lawyer in Columbus.
Does it Matter Who Files For Divorce First in Ohio?
Generally, it doesn’t matter who files for divorce first in Ohio. However, there are a few ways that being the first to file can influence a divorce, such as:
● The spouse who initially files for divorce usually pays the filing fee.
● The spouse who files first gets to choose where they file for divorce, but the non-filing spouse can challenge the location/jurisdiction if it creates an unfair advantage.
● You can present your case to the court first. In some cases, that may help to influence the judge’s final decision.
Does it Cost More to File For Divorce in Ohio With Children?
If you’re filing for divorce in Ohio with children, you can expect to pay $50 – $75 more than you would if you were not a parent. In addition to the filing fees, there are many other costs associated with getting a divorce when you have children.
For instance, divorces involving children are more likely to be contested divorces. A contested divorce usually requires more time and resources. That means higher legal fees and more court costs.
However, if you and your spouse mutually agree to a dissolution of marriage in Ohio, then your costs will likely be substantially lower.
Child Custody and Divorce in Ohio
In many cases, figuring out child custody, parental rights, and visitation schedules can be the most challenging aspect of divorce in Ohio with children. Two of the most common questions asked by divorcing parents in Ohio is:
At what age can a child choose which parent to live with?
What rights does a father have in Ohio?
Learn more about each below. If you have more in-depth questions about child custody and divorce in Columbus, refer to our blog post here.
At What Age Can a Child Choose Which Parent to Live With?
In Ohio, a child does not have the right to choose which parent to live with after a divorce. A judge makes the final determination based on what’s in the child’s best interest. In some cases, one or both parties may request the judge to interview the child so their opinion can be heard. However, the child’s preference is never the deciding factor.
What Rights Does a Father Have in Ohio?
If the mother and father are married, the father has the same parental rights as the mother in a divorce. However, unless a court order is issued, unmarried mothers are automatically the child’s sole physical and legal custodian.
An unmarried father must first establish paternity through the appropriate legal channels before they are entitled to child custody, visitation rights, child support, decision-making authority, etc.
Contact an Experienced Divorce Lawyer in Columbus Today
If you’re considering a divorce with children, you should work with the best divorce lawyer in Columbus. At the Law Office of Dmitriy Borshchak, our family law lawyers are compassionate, skilled, and prepared to fight for the best possible outcome for you and your children.
Our skilled divorce lawyers in Columbus can help you :
● Create, draft, review/revise parental agreements, visitation/ parenting schedules, custodial agreements, etc.
● Negotiate with your spouse
● Identify and protect the best interests of your children
● Understand your rights and responsibilities
You don’t have to navigate the complexities of divorce in Ohio with children alone. Contact us today for your free initial consultation.