FAMILY LAW

In the state of Ohio, when both spouses agree to terminate their marriage, a dissolution of marriage is the best route. Dissolutions are easier, much quicker than a divorce and less expensive too. Rather than a judge making major decisions that will affect your life, a dissolution allows spouses to enter into agreements before filing with the Court and fault is not a consideration.

A dissolution involves both spouses filing a joint petition requesting that the court dissolve their marriage. To qualify, you must be an Ohio resident for at least six months before filing, reside in the county where the dissolution will be filed for at least ninety (90) days before filing, and you and your spouse must both agree, in writing to the allocation of your marital assets and debts, spousal support (alimony), and if minor children are involved, to matters involving child custody, visitation, child support, tax exemptions and other child related issues. Although a dissolution involves an agreement, it is still a major life changing event, that will affect your future, and having an experienced attorney by your side is pivotal.

Attorney Meeker specializes in guiding clients through the dissolution process. He regularly practices in all of the local northeast Ohio domestic courts and has assisted numerous clients terminate their marriage by dissolution. Contact Attorney Meeker today to schedule your free dissolution consultation.

One of the most difficult situations that a person can face is a divorce and the uncertainty that comes with this major life change. A divorce can affect your assets and debts, your income, and most importantly your children. Understanding the process and having an experienced divorce attorney can ensure that you get the best result possible during this difficult time.

A divorce begins with the filing of a complaint for divorce in the county that you reside. The complaint must state the reason “grounds” for the divorce and the complaint must then be served on the spouse. Should you effectuate service successfully, the spouse will then have a period of time to either file an answer, leading to a contested divorce, or if the spouse does nothing, the court will proceed with an uncontested divorce, meaning the filing spouse can proceed with the divorce without any further action from the other spouse. Should an answer be filed, the case will proceed through the court system and typically involves several hearings, pretrials and settlement conferences, prior to the court scheduling a trial date.

If an answer is filed, it is possible that the first hearing will be a temporary order hearing to address support, marital debts and visitation, during the pendency of the case. These orders will typically remain in place until an agreement is reached between the parties, or a divorce trial is held. Oftentimes, with the assistance of your attorney, the spouses can negotiate and enter into agreements to decide all of the pending issues prior to a trial being necessary. Should a trial be necessary, the judge will listen to all of the evidence and witness testimony and will decide any issue that the Parties can not agree upon. Issues that are often contested in a divorce include child support, custody, spousal support, the division of real property, the allocation of marital assets, including retirement benefits, business interests, life insurance, automobiles and personal property, as well as secured and unsecured debts. The State of Ohio is an equitable distribution state, meaning that the Court will attempt to divide marital assets and debts equally and fairly between spouses. Marital means an asset or a debt that is acquired during the marriage.

Deciding to proceed with a divorce is a major decision and not something that should be taken lightly. Attorney Meeker has the experience and knowledge that is required to assist you in understanding the complex process of divorce. Should you want to know more, contact attorney Meeker today to schedule your free consultation.

There is often no matter more important that then well being and best interest of our children. The State of Ohio recognizes two different types of custody, including physical custody (where the child is physically residing), and legal custody (who can make decisions for the child). Child custody and visitation can be addressed through a divorce/dissolution or through the filing of a private parenting case. Physical custody can be granted to only one parent or can also involve a shared parenting arrangement between the parents. If custody is granted to one parent, that parent will be called the custodial parent and that parent will be responsible for the care of the child. Typically in sole custody, the non-custodial parent will be provided with visitation or companionship rights according to a set schedule that will usually involve a regular schedule, a holiday schedule and a summer schedule. Under shared parenting, both parents are labeled as the primary custodians of the child. Shared parenting does not mean equal parenting time, but rather that both parents are entitled to have their voice heard in major decisions affecting the child including medical and school decisions.

Determining child custody and visitation is an emotionally tolling process and can become extremely contested. The Parties still have the opportunity to make an agreement regarding a child custody and visitation, however, should the parents not be able to agree, a judge will make a determination on what is in the best interest of the child. Factors used in determining the best interest of a child include the wishes of the parents, the wishes of the child, the relationship with siblings, the child’s home, school and community, the mental and physical health of the parents, substance abuse history and criminal history. This typically involves the appointment of a guardian ad litem, who is an unbiased third party appointed by the court to do an investigation and to make a recommendation to the Court on what they believe is in the best interest of the child. Other parental issues that can be addressed through a parenting agreement include child support, health insurance, tax exemptions, uninsured medical costs and extracurricular costs.

Attorney Meeker has effectively counseled parents in all aspects of child custody and visitation throughout his legal practice. As a father to three boys, Attorney Meeker understands the importance of fighting for the appropriate custody and visitation arrangement for your child and family. Attorney Meeker can assist you in exploring all of your options to make informed decisions for your child’s best interest. If you wish to discuss custody or visitation with Attorney Meeker directly, please schedule a free consultation today.

Child support is money that is ordered to be paid from one parent to the other for the care and support of children. Determining child support can be complex and is often one of the major issues of contention in dissolutions, divorces and custody matters. Child support can also be calculated and ordered through the Child Support Enforcement Agency if there is no pending court case.

The State of Ohio has established laws and guidelines to create a formula to calculate child support. These guidelines consider the specific circumstances of the parents including the income of each parent, the childcare expenses of each parent, health insurance costs for the children, other children of each parent, other support being paid by each parent, the custody arrangement, and the parenting time and visitation schedules of the parents. The general rule is that child support will last until the child turns 18, however, the time period will be extended while your child is still attending high school or if your child has a physical or mental disability that will prevent them from supporting themselves.

Whether you have an active court case, or are proceeding through the Child Support Enforcement Agency, working with an experienced attorney is essential to ensuring that child support is appropriate and calculated correctly. Attorney Meeker has the experience to assist you in evaluating your specific situation and developing a plan to protect the financial interest and security of your children. Contact Attorney Meeker today to schedule your free child support consultation.

There are several different types of protective orders in Ohio. Those include civil, criminal and temporary protection orders and the type you could experience depends on your relationship to the abuser, the type of abuse, the abuser’s age and if a criminal case is involved. In the realm of family law, a domestic violence civil protection order is the type of protective order that protects family or household members from abuse. Family or household members can include parents, children, spouses, ex-spouses, and someone you have children with. A domestic violence civil protection order can last for up to five years and can also be extended by the court even longer.

The process involves the filing of a petition in person at the domestic court in your county. To meet the burden of proof, you must demonstrate to the court that you have an imminent fear of physical harm from your abuser. Attorney Meeker has successfully sought and defended against protection order petitions, and his experience can assist you in gathering all of the facts and evidence to present the case to the court. If you have questions, and would like to know more about protective orders, contact Attorney Meeker today for your free consultation

Oftentimes grandparents may have a complex relationship with their own child, or a spouse, which then limits or denies them the ability to spend time and have a relationship with their grandchild. However, under some circumstances, the State of Ohio permits grandparents the right to file their own motion seeking visitation time with a grandchild. Those circumstances include when there is a termination of marriage, by divorce or dissolution, of the grandchild’s parents, if the grandchild’s parent has passed away, and when a grandchild is born to an unmarried woman then father’s parents may seek visitation time if paternity was previously established.

The process of filing for grandparent visitation involves filing a motion seeking a court order for parenting time. It is essential to demonstrate to the court your history and bond with the grandchild, such as previously residing together or childcare was previously provided for the grandchild. The wishes of the child’s parents will be considered, and it can sometimes lead to the appointment of a guardian ad litem, to assist the court in determining if visitation time is appropriate and in the best interest of the child. Attorney Meeker has successfully represented grandparents that have filed to establish their grandparent visitation rights and if you have more questions about your rights, contact him today to schedule your free consultation.

In some instances, married couples may decide to live separate and apart but are not quite ready to proceed with a divorce or dissolution. If you feel like you need time to make these important decisions for your future, Ohio offers another alternative, Legal Separation. In a legal separation, all of the standard issues in a divorce and/or dissolution such as allocation of assets and debts and child custody issues are addressed, however, at the conclusion, the parties are still legally married. Couples choose legal separation for a variety of reasons, including medical benefits, financial issues and religious beliefs.

Attorney Meeker has assisted many clients in understanding the benefits and issues that can arise in proceeding with a legal separation vs. divorce/dissolution. He advocates for his clients unique situation to obtain a fair and equitable legal separation. If you are interested in discussing this alternative to divorce/dissolution schedule your free consultation today.

Following the conclusion of your divorce, dissolution, legal separation or custody/visitation case, you will receive legally binding agreements that have been signed and ordered by the Judge. Oftentimes, the opposing party fails to comply with these orders and will force your hand to file a contempt proceeding seeking compliance. A contempt proceeding in domestic court involves the filing of a motion requesting that the Court find that an order was violated, and to force the opposing party to follow the order, or potentially be found in contempt and face penalties such as jail time and fines. The contempt motion must also include an affidavit explaining the violations that have occurred. Should the Court find that an order was violated, they will likely sentence individuals to jail time, however, will provide them with a period of time to remedy the situation and purge the contempt. The Court also has the option of ordering the violating party to reimburse the other party for their attorney fees and court costs necessary to proceed with a valid contempt motion.

Whether you need to prove that an opposing party has violated a court order, or if you need representation in defending a contempt action, it is imperative to have an experienced contempt attorney by your side. Attorney Meeker has effectively pursued and defended contempt proceedings in domestic courts across northeast Ohio. Contact attorney Meeker today to schedule your free contempt consultation.