Strong, Experienced Family Law Representation
Do you need a family law attorney to represent you in a legal matter? At the Law Office of K.M. Melchor, LLC, I am here to assist you. Se habla español: As a native Spanish-speaker, I speak fluent Spanish.
Dissolution Or Divorce?
Ohio couples going through marital problems who decide to end their marriage may do so through a divorce or dissolution petition. When you and your spouse agree on all aspects of your separation, including all matters regarding child custody if children were born during the marriage, you can choose dissolution. You must agree on issues, including property division, settlement of debts, alimony, child support and child custody.
Dissolution is the fastest and easiest way to sever your marriage in Ohio. A dissolution requires legal documents, including a petition for dissolution, signed by both parties seeking the dissolution. Within 30 days of submitting this petition for dissolution, you will receive a court date to finalize the dissolution of your marriage before a judge.
If there are areas that you disagree on or you are severing your marriage on fault-based grounds, you will probably choose divorce. If you decide on divorce, you can file a divorce complaint through a divorce attorney. A spouse must file an answer to the divorce complaint within 28 days. The divorce process may span several months as spouses work out an agreement that satisfies both. Sometimes spouses cannot settle the terms of the divorce outside of court. In that instance, they must appear before a domestic relations judge to resolve disputed issues.
What About My Custody And Visitation Rights?
In Ohio, the father’s parental rights of a child depend on the marital status of the parents when the child was born. If a child is born during a marriage, the husband is presumed to be the father of that child. Through a divorce, dissolution or legal separation proceeding, the court must hold both parents on equal footing when it comes to determining the legal custody and place of residence of the minor child(ren).
Paternity: What To Know
When an unmarried woman bears a child, she is considered by law to be the sole custodial parent. A father has no rights until he establishes paternity and obtains a court order granting him custody, shared parenting or parenting time. There are a number of ways to establish paternity, including signing an acknowledgment of paternity affidavit, and/or DNA testing. Once paternity is established, it is necessary for the father to petition the court for custody, shared parenting or parenting time. If you have a child, or believe that you may be the father of a child born out of wedlock and wish to establish parental rights, contact me to discuss your options.
Schedule Your Initial Consultation Today
Call me at the Law Office of K.M. Melchor, LLC, in Dayton at 937-985-0419 or contact me online. I am prepared to discuss your options, help you understand your rights and seek a positive outcome. Se habla español.