post decree motion

Once your divorce is finalized, you might assume it’s over, and you won’t have any further dealings with your ex-spouse. However, that is not always the case—especially if you have minor children and are co-parenting. Sometimes one party’s circumstances change, or someone is not abiding by the divorce terms and needs to be held accountable. In these situations, you may need to start the legal process of enforcing or modifying a court order. This process is known as filing a post-decree motion, which can be rather complicated. Hiring an experienced post-decree motions attorney is crucial if you want to ensure that you get the best result possible. Filing for a post-decree modification means going back to court to resolve something after the court has finalized the divorce. The attorneys at Gounaris Abboud, LPA, understand the frustration and stress associated with pursuing a post-decree modification. But don’t worry. We can help you fight to enforce or modify an existing court order. Examples of Post-Decree Modifications You might need a post-decree modification for many reasons. The three main topics that could require filing a post-decree motion are spousal support, child support, and custody agreements. A significant change might have happened since the divorce was final. For instance: One party’s income could have significantly decreased,  One party might have lost their job entirely, A party might have gotten a promotion and a big raise, One party’s living situation might have changed, or they might have gotten remarried, One of your children might have turned 18 and no longer requires support, or  Perhaps you found something that was not handled correctly in the original division of your marital property.  These and other significant changes might occur after your divorce is final. If so, Gournaris Abboud, LPA, is here to help if you need to file a post-decree motion. Here is a more in-depth look at each of the common post-decree modifications. Spousal Support Spousal support can be a hotly-debated issue in a divorce, especially when the court orders one partner to pay support. If one spouse experiences a significant change in circumstances, the court may consider modifying the existing award. Usually, a significant change must be something like either party’s involuntary loss of their job. When the payor spouse (the one who pays) loses their job but has diligently paid previous spousal support, the court could change the payment amount or duration of payments. But be prepared for the court to scrutinize whether the situation is a valid hardship.   Child Custody Child custody is routinely discussed in post-decree modifications when it’s necessary to change visitation or the allocation of parental responsibilities. Courts do not take modifications to child custody lightly. Before the judge agrees to any changes in the current custody agreement, the parent asking for a change needs to show the following: There’s a substantial change in circumstances since the active custody agreement, Changing the custody agreement is in your child’s best interests, and Changing the existing agreement will benefit the child more than leaving the current one intact. Child custody modifications are some of the most complicated post-decree motions. It’s essential to hire an experienced post-decree matters attorney. Otherwise, you could jeopardize your chances of getting the modification you need.   Child Support Child support is something else you might need to address in a post-decree motion. The recipient parent might need to return to court to ask for additional funds because the child’s situation has changed. Perhaps your child needs emergency medical care, has been diagnosed with a severe illness or disease, or has unexpected new school-related costs. These scenarios can point to a significant change in circumstances that requires the court’s review to determine whether additional child support is necessary. It’s also common to address child support in a post-decree modification when something is changing with the custody arrangement. If the parent ordered to pay support now has taken on more parental responsibility and visitation time, they may not need to pay the same amount of support. How a Post-Decree Motion Works You will need to go back to court to enforce or modify a court order from your divorce. Your post-decree motions attorney will file the motion describing what you want and the facts that support your modification request. You will need to serve your ex and give them a chance to respond. Then, you will both go to court on a specified date to discuss the motion and issues in dispute.  Before the hearing date, both sides can conduct their own investigation and gather evidence. This is known as discovery. You might use written questions (interrogatories), oral depositions, requests for the production of documents, and more. The time to resolve post-decree motions varies. In specific scenarios, the resolution could be quick. If both parties can agree on a new arrangement, you may not need to go to court for the trial date. Your attorney will let the court know you’ve reached an agreement, and the judge will review that it’s fair and legal before signing off. Other modifications may require more time, such as reconsidering child custody arrangements. If your ex disputes the motion, you must go to trial, present your evidence, and let the court decide. During the hearing, your attorney will submit your evidence, and you will very likely need to testify. Contact Our Post-Decree Modification Attorneys If you are searching for a post-decree motions attorney, contact Gounaris Abboud, LPA. With more than 50 years of collective experience, we provide high-quality, dedicated legal assistance when you need it most. We understand that going back to court after a divorce can be daunting—but you don’t have to face it alone. Our skilled legal team will be there with you every step of the way. Contact our office today at 937-222-1515 to schedule an initial consultation. No matter what type of post-decree motion you need assistance with, Gounaris Abboud, LPA, can help.

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Dissolution of Marriage in Ohio

Divorce is notorious for being a draining and confusing process. In states like Ohio, even differentiating between certain legal terminology becomes confusing to people new to it all. If you are unfamiliar with the topics of divorce and dissolution of marriage, let’s start with understanding the basics.  Dissolution vs Divorce Ohio law establishes that there are two ways to end a marriage: dissolution vs divorce. Many people have grown accustomed to using the terms interchangeably, but they, in fact, describe two very different processes.  So what is a dissolution of marriage? Ohio procedure provides that the dissolution process is for spouses that reach an agreement on all issues concerning the divorce. This is similar to an uncontested divorce in other states.  On the other hand, the process of divorce is an adversarial process. This means you will have to attend some hearings for the judge on your case to make an official decision on disputed issues.  Dissolution of Marriage More and more people seek to end their marriage in the most amicable way possible. Rather than going to court and potentially subjecting themselves to years of litigation, people are opting to come to an agreement on the way their marriage ends. This way, both spouses control the terms of the divorce without much court intervention. Naturally, both parties may have to compromise on certain issues. However, they gain the benefit of saving time and money by not continuously going to court.  Divorce If there are any issues that you and your spouse cannot agree on, you will need to get a divorce rather than a dissolution of marriage. A judge will hear your evidence and decide any issues you cannot agree to.  In general, before granting a divorce, there must be a resolution on: Parental rights and responsibilities, Child support, The division of assets and debts, and Spousal support. Of course, specific issues vary for each family. For example, for families that have young children involved and a large amount of assets, the divorce decree must account for that. Couples that do not have children will likely only need to focus on assets and spousal support. If spouses did not acquire any assets during the marriage, they may not have many assets to divide, but they may still need to decide how they will pay debts they acquired during the marriage. An attorney can evaluate your situation and help you understand the issues that are most significant in your case. “No Fault” Grounds for Divorce Most reasons for granting a divorce center around the fault or wrongdoing of another party. Under Ohio law, there are only two “no-fault” reasons for divorce: The parties habitually reside in separate residences for at least a year; and Incompatibility.  Most couples seek divorce on the no-fault ground of incompatibility. If you seek a dissolution rather than a divorce, you will not have to identify grounds. What to Expect During Divorce After meeting with your attorney a few times, they will begin drafting the complaint for your divorce. Filing the complaint begins the legal process of divorce. Once your attorney initiates the case, prepare yourself to provide them with additional information concerning your finances. The other party has a right to disclosure of your financial information, so your attorney may ask that you prepare some of your documents in line with the other party’s requests. Some of these documents may include financial documents like tax returns or pay stubs. The other party may also request information about property you may own, insurance information, or anything else affecting your financial status.  If both parties reach an agreement at any point that resolves all issues in the case, the divorce action may be converted to a dissolution of marriage. Ohio law provides that this can be done without the requirement of either party expending additional fees for the conversion. If the parties do not come to an agreement, the case eventually makes it to trial.  Temporary Orders Finances can take a huge hit while you are going through the process of divorce. An experienced family law attorney knows that this is one of the most crucial stages in a divorce since the parties are becoming acclimated to their new financial state. Your attorney can help you request temporary orders from the court while the case is pending. Temporary orders typically concern spousal support, child support, and child custody. Our Dayton Divorce Lawyers Can Help We understand the emotional toll that this process puts on your well-being. Our attorneys aim to provide our clients with legal representation that will make this process as stress-free as possible. Gounaris Abboud, LPA has more than 50 years of collective experience providing high-quality legal services to clients. You can rest assured that you will receive the quality representation that your case needs. Contact Gounaris Abboud, LPA today at 937-222-1515 for a free evaluation.

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Dissolution of Marriage in Ohio

In Ohio, the dissolution of marriage is a quick and efficient way to end a marriage. For many couples, dissolution is a desirable alternative to a contentious divorce proceeding. Like a divorce, dissolution terminates the legal contract of marriage. However, if the parties can agree on all terms of their separation, they can avoid going to court. Instead, by filing jointly for dissolution, a couple can avoid much of the time, hassle, and expense of the traditional divorce process. If you think that dissolution is a possible solution for your divorce, contact our divorce lawyers in Dayton, Ohio today. We will discuss the specifics of your situation and advise you on the most advantageous legal move. OHIO DISSOLUTION OF MARRIAGE FAQ What Does It Mean to Get a Dissolution of Marriage in Ohio? The result of an Ohio dissolution is the termination of the legal status of wedlock. Getting a divorce leads to the same outcome, but the path is not nearly as smooth. In both divorce and dissolution, the law recognizes that a marriage once existed but no longer does. In contrast, an annulment declares that a marriage was invalid and, as a result, the marriage never existed. The primary difference between divorce and dissolution is a fault. Dissolution is a no-fault solution in that the parties are not required to cite grounds for the separation. In a divorce proceeding, one party cites grounds against the other as the reason for their breakup. OHIO DISSOLUTION OF MARRIAGE FAQ Who Should Seek an Ohio Dissolution? A dissolution is an option only for those couples who can successfully negotiate the terms of their separation in advance. They must also file their petition for dissolution jointly. If the parties cannot meet these objectives, their only alternative is to file for divorce. OHIO DISSOLUTION OF MARRIAGE FAQ How Do You Get a Dissolution of Marriage? Before filing for dissolution, the parties must voluntarily negotiate and enter into a written separation agreement. The separation agreement typically addresses: How financial assets and personal property will be divided; The amount and duration of any spousal support; Allocation of parental rights; Child custody arrangements; The amount and duration of any child support; and The disposition of any joint debts. The separation agreement may also address any other outstanding or material issues of the marriage. Once the parties execute the separation agreement, they must file it with their county’s domestic relations court. At the same time, they must file a petition of dissolution along with full financial disclosure. The court will schedule a hearing at which both parties will testify to their agreement with the dissolution filing. To get a dissolution in Ohio, you must have been a state resident for at least six months. You must also have been a county resident for 90 days before you file. Finally, you must have been separated from your spouse for 30 days prior to filing your petition for dissolution. OHIO DISSOLUTION OF MARRIAGE FAQ How Long Does It Take for Dissolution in Ohio? Once you file your separation agreement and petition for dissolution, the county must schedule your hearing for at least 30 days but not more than 90 days from the filing date. If the hearing judge agrees with the terms of your filing, the court will enter a judgment for dissolution immediately. Should You Talk to an Ohio Dissolution Attorney? Ohio does not require you to be represented by an attorney to file for dissolution. However, consulting with an attorney helps ensure that your interests are protected. Gounaris Abboud, LPA provides compassionate representation for all Ohio family law matters, including divorce and marriage dissolution. To learn more, or to schedule a consultation, contact us online today, or by calling 937-222-1515.

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How to File for Divorce in Ohio

Ending a marriage is never an easy thing to do, but divorce is the right choice for some couples. If you are getting divorced, you are not alone. Filing for divorce is complicated. Beyond the heavy, intense emotional issues, many legal and logistical matters must be resolved. Here, our Dayton divorce attorneys explain how to file for divorce in Ohio. Four Steps for Filing for Divorce in Ohio 1.) You Must Meet the Eligibility Requirements Under Ohio law (3105.01), you must meet the state’s residency requirements to file for divorce. Either you or your spouse must have lived in the state of Ohio for at least six months before you filed for divorce. Couples seeking a divorce in Ohio must file in the county where they have resided for the last 90 days. If you do not yet meet Ohio residency requirements, you must wait to do so.  2.) Select Your Grounds for Divorce To file for divorce in Ohio, you must select and prove grounds for the separation. Most couples choose to seek a no-fault divorce in Ohio. Married couples can get a divorce on the grounds of “incompatibility” in Ohio. 3.) Prepare and File Divorce Forms When you file for divorce in Ohio, ensure that all forms are correctly prepared and submitted. The specific requirements for divorce forms sometimes vary from county to county. In any Ohio divorce, you must: File a case designation sheet; File a divorce complaint; and Include instructions for serving divorce papers on your spouse. If you are a parent of a minor, you must complete and submit a Parenting Proceeding Affidavit. Eventually, divorcing parents must create a shared parenting plan with documents for child support calculations. 4.) Resolve the Key Issues Before you can finalize your divorce, all relevant issues must be resolved. Critical issues in an Ohio divorce case can include: Property division; Debt division; Alimony (spousal support); Child custody; Child visitation; and Child support In some divorce cases, litigation may be necessary to reach a resolution. However, that is usually not the case. Most divorces are settled outside of the courtroom — either through collaborative divorce, divorce mediation, or through another type of negotiation. Get Help From Our Dayton, OH Divorce Lawyers Today At Gounaris Abboud, LPA, our Ohio family law attorneys are compassionate advocates for clients. If you are filing for divorce, we are here to help. For a free confidential divorce consultation, please contact our legal team right away. From our law office in Dayton, we serve communities throughout the region, including in Montgomery County, Miami County, and Greene County.

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Filing for Divorce in Ohio

If you or your spouse are considering divorce, you must understand the divorce process in Ohio. At Gounaris Abboud, we provide professional and experienced representation to our clients during the divorce process. An Ohio divorce lawyer at our firm can answer any questions you might have today. In the meantime, we want to give you with more information about filing for divorce in Ohio. Filing for Divorce in Ohio Under Ohio law (Ohio Rev. Code § 3105.17), the divorce process begins when one spouse files a complaint for divorce. Ohio is one of a few states in the U.S. that recognizes fault-based divorce. When one party files for divorce, that party must state a fault-based ground for divorce or the “no-fault” option. The “no-fault” divorce option is only possible if both parties agree to the divorce. When both parties agree to the “no-fault” option, the process is a “dissolution of marriage.” Fault-Based Versus No-Fault Grounds for Divorce in Ohio According to the Ohio Revised Code, the following are possible causes for divorce: Either party had a spouse living at the time of the marriage; Willful absence of the adverse party for one year (abandonment); Adultery; Extreme cruelty; Fraudulent contract; Any gross neglect of duty; Habitual intoxication; or Incompatibility, unless denied by either party (“no-fault” option). If one of the parties files a petition for divorce based on incompatibility and the other party agrees, then this is a “no-fault” divorce option. If the parties have lived apart for at least one year from the date of the divorce complaint, there is no need to claim fault. When a party cites a fault-based ground for divorce, property division, alimony, and other matters in the divorce process might be affected. Contact a Divorce Attorney in Ohio Do you have questions about the divorce process in Ohio? An Ohio divorce attorney at our firm can assist you. Contact Gounaris Abboud today for more information.

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