pucci & quinlan, llp - Family Relations Law

Do you have questions?  Here are some frequently asked below.

Q. What is the difference between a divorce and dissolution?

A. Both of these legal proceedings result in a termination of a marriage, but they are very different in a number of key  ways. A dissolution does not require grounds to end a marriage and is based on a good faith exchange of information and negotiation. The parties must agree to all of the terms of a dissolution.

A divorce is a legal proceeding where one party sues the other and asks the court to end the marriage and determine, as needed, custody of minor children, a division of property, and order support is appropriate. There are some protections provided by a divorce which are not afforded in a dissolution, such as the right to obtain temporary restraining orders, temporary support orders, and to force financial discovery.

Discuss your circumstances with your attorney in order to determine the best procedure for you.

Q. Is marital fault generally a factor in determining support or dividing property in a divorce?

A. In most cases, Ohio is a no-fault divorce state; therefore, fault is not considered in determining support or division of property unless there has been financial misconduct. Discuss your circumstances with your attorney in order to determine the factors most important in achieving your desired result.

Q. How do I protect our children from being harmed by the divorce case?

A. Our attorneys have a special interest in protecting children and they have years of experience in child advocacy. We provide representation with compassion and sensitivity for all involved, but especially for children. We will work closely with you to minimize the impact of any proceedings for your children.

Q. My marriage is ending and I know very little about our finances. How can I be assured of a fair settlement?

A. It’s not unusual for one of the party to handle the finances during a marriage. Through what is known as the discovery process, your attorney can access the necessary financial information, before you negotiate a settlement or go to trial.

Q. May I date, move or change jobs during my divorce?

A. Your personal life will not cease and you will continue to be faced with choices large and small, some of these choices may affect the course of your divorce. They should be discussed with your attorney.

Q. How much will this cost?

A. Family Relations cases are often unique based on circumstances. Your circumstances are not predictable and will likely vary depending on the personalities of the parties and the issues involved. Our attorneys will provide your with a Fee Agreement that clearly explains the mutual financial and professional responsibilities of the attorney and client.

Q. I am getting married. What should I do to protect myself and my  assets if my marriage doesn’t work out?

A. Ohio recognizes pre-marital agreements if certain qualifications are met. Such an agreement must be signed before the marriage takes place. You should contact an attorney several months before the planned marriage in order to allow time for the development and execution of the agreement.

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