Family Law
The dissolution of marriage can often be accompanied by painful loss to your heart, your home and your finances. Attorney Hulburt seeks to gently guide you through this difficult process with personalized, compassionate attention. Cost-containment is kept in mind, which can typically be achieved through negotiation with opposing counsel as opposed to traditional litigation. Whether you require an uncontested or contested divorce, Ms. Hulburt will deliver efficient legal services that can occasionally be paid by a flat rate. Your initial consultation will always be free of charge.
What are some of the issues dealt with in divorce?
Property distribution in Ohio is equitable. Equitable means what is fair, not necessary what is equal. As a divorce lawyer, Ms. Hulburt helps parties craft their own property settlement and avoid court involvement. A few factors that assist in an equitable determination include the duration of the marriage, the assets and liabilities of the parties, the desirability of awarding the family home to the spouse with custody of the children, the liquidity of the property to be sold, and any disbursement made pursuant to a separation agreement. (Ohio Revised Code Sections 3105.171)
Not all cases involve spousal support. In cases that do require support, the parties must agree on an amount or the court will use its discretion. The income of the parties is certainly relevant, as is the standard of living enjoyed during the marriage. Due to its case-by-case nature, a divorce lawyer can advise you based on your particular situation.
If a divorce involves minor children, child custody should be based on their best interest. In many situations, the spouses can come to an agreement in allocating parental rights and responsibilities. If they cannot, a court will establish a custody order that takes into account such factors as the child's wishes, the parents' wishes, the mental and physical health of all parties involved, and the child's interrelationship with parents, siblings and others who may significantly affect the child's best interest. (Ohio Revised Code Sections 3109)
Child support is determined by the Incomes Shares Model. Your local child support enforcement agency (CSEA) will review your case, look at the W-2 forms of each party, and apply a formula to create the support order. Your local CSEA may also make a medical support order. Child support payments must be made to the Bureau of Child Support Payment Central or arrears will accrue. Your driver's license will be suspended in this event.