–Divorce/Family Law
Serving clients in Hamilton, Butler, Warren and Clermont Counties in Ohio and Kenton, Campbell, Boone, Grant and Pendleton Counties in Northern Kentucky
E-mail or call 513-241-6650 For a Free Initial Consultation
Ending a marriage through divorce, dissolution, annulment or separation is very difficult emotionally, especially in cases that involve children and child custody issues. You need a good divorce lawyer to lead you through the divorce proceedings. At Mark Godbey and Associates, we pride ourselves in giving honest, easy-to-understand divorce advice. We will take the time to listen to you and explain the issues in your case in a way that allows you to understand the divorce laws and make good decisions,and we’ll work very closely with you to ensure the best positive result.
Here are a few steps to guide you towards finding the correct divorce attorney.
Family law involves the complex and diverse relationships between parents, children, and loved ones. The laws and rules developed to assist families are determined by each state. Often there are subtle but import legal distinctions between neighboring states and how they address family law issues.
When a family relationship involves an issue that can only be resolved with legal assistance, you need a lawyer who can balance the financial, emotional and legal issues that can arise. Our experienced attorneys provide legal services to families and individuals in a wide range of family law issues throughout Ohio and Kentucky.
Because most family law matters involve highly emotional issues, our attorneys use their skills as negotiators to amicably disputes when appropriate. When issues cannot be settled, we are prepared to present your case in family law courts throughout Ohio and Kentucky. We work in the domestic and juvenile court system.
At The Law Offices of Mark Godbey & Associates, located in Cincinnati, Ohio and Florence Kentucky, we provide honest and aggressive legal representation with confidence in our experience and in-depth knowledge of Ohio and Kentucky family law. We will represent you with through the entire process with a thorough outline of how to successfully achieve your goals. We represent clients throughout the entire Greater Cincinnati area.
High Quality Legal Representation
Our family law attorneys will provide the highest quality of legal representation while safeguarding your rights and your financial future. Our attorneys understand the mental strain and emotional distress involved in contemplating or going through divorce. When children are involved and you expect a child custody battle, we will fight to protect the best interests of your children. We are committed to making sure both your rights are protected and your needs are met, both today and in the future.
Aggressive And Dedicated Attorneys
Our attorneys strive on digging to uncover hidden assets and bringing everything out in the open. There will never be a settlement negotiated unless it is in your best interest. YOUR RIGHTS are the most important thing and we will do everything possible to protect them
Our Ohio and Kentucky family law attorneys offer full-service representation for all family law matters:
- Divorce
- Dissolution of Marriage
- Child Custody
- Visitation/Parenting Time
- Support & Property
- Post-decree Litigation
- Prenuptial Agreements
- Adoption
- Grandparent Rights
Dissolution of Marriage, child support, post decree litigation, adoptions (including step-parent adoptions), prenuptial agreements and grandparenting rights.
Divorce
Serving clients in Hamilton, Butler, Warren and Clermont Counties in Ohio and Kenton, Campbell, Boone, Grant and Pendleton Counties in Northern Kentucky
E-mail or call 513-241-6650 For a Free Initial Consultation
At The Law Offices of Mark Godbey & Associates in Cincinnati, Ohio and Florence Kentucky we understand that divorce involves many different avenues in your life. We understand that divorce takes an emotional toll on you and your family. Unfortunately, divorce is rarely simple.
Uncontested Divorce
An “Uncontested Divorce” is the legal separation and termination of the marital relationship by the judgment of a court. The parties also agree that certain “grounds” for divorce (usually the parties are “incompatible” or that they have “lived separate and apart for more than one year.”) exits to terminate the marriage.
An “uncontested” divorce is almost identical to the dissolution procedure: Both parties will have entered into an agreement which has resolved all relevant issues such as division of all property, allocation of marital debt, allocation of parental rights and responsibilities, etc. However, a major advantage over the dissolution procedure is the requirement for of only one party at the final hearing. Therefore, so long as both parties sign the separation agreement and necessary documents filed with the complaint, only the plaintiff will need to be present at the final hearing. Just as in the dissolution procedure, all of the issues must be resolved within the initial filing.
Contested Divorce
A contested divorce in Ohio requires an allegation of “Grounds” plead in the initial complaint for divorce. (Absence of one party for a year; adultery; extreme cruelty; gross neglect of duty, etc) Once the action is filed, the Court may issue temporary ex parte order for spousal and child support, parenting time, restraining orders without a hearing. If you intend to file for divorce, the preparation you take before filing will have a tremendous impact on the temporary order you receive, which will set the stage for later litigation.
Unfortunately, a divorce typically requires and individual to make life altering decisions while in a highly emotional state. It is not unusual to have to divide multiple retirement accounts, real and personal property, while also facing the reduction of time with your children. Our goal is to give you the highest quality of legal representation while safeguarding your rights and your financial future
We handle all complaints and petitions, child custody affidavits, restraining and protective orders, and discoveries of marital assets.
Dissolution
Serving clients in Hamilton, Butler, Warren and Clermont Counties in Ohio and Kenton, Campbell, Boone, Grant and Pendleton Counties in Northern Kentucky
E-mail or call 513-241-6650 For a Free Initial Consultation
A dissolution of marriage is a non-adversarial, “no-fault,” legal proceeding to terminate a marriage, as an alternative to divorce. When parties have reached a complete settlement on all issues of property, parental rights and responsibilities (custody), spousal support, child support, and the allocation of marital debt, a joint petition can be filed with the court. This petition requests the court review and approve the agreement that they have entered and that the court terminate their marriage. All of the issues must be resolved or the dissolution procedure cannot be used. Both spouses will have to appear in court in order to finalize the dissolution.
Child Custody
A Serving clients in Hamilton, Butler, Warren and Clermont Counties in Ohio and Kenton, Campbell, Boone, Grant and Pendleton Counties in Northern Kentucky
E-mail or call 513-241-6650 For a Free Initial Consultation
Any divorce involving children can be difficult for the adult and the children. It is your responsibility as the parent to limit (when possible) the adverse effects of divorce on your children. If you are getting a divorce or if you are a single parent, you may have to share the financial and parental responsibilities for the child(ren). What this means in most cases is that you will need to develop a co-parenting relationship. Even if both parties initially agree on the terms of child custody and parenting time, it is important to understand fully your parental rights and responsibilities in order to navigate properly through a custody proceeding and to prepare for the future. There are two types of custody arrangements – the first is sole legal custody and residential parental rights is vested with one parent; and the second is shared parental rights with the parents having equal parental rights. In shared parenting arrangements, one parent will need to be designated the “residential and school placement parent” for the child(ren).
You must decide what is best for your child
Serving clients in Hamilton, Butler, Warren and Clermont Counties in Ohio and Kenton, Campbell, Boone, Grant and Pendleton Counties in Northern Kentucky
E-mail or call 513-241-6650 For a Free Initial Consultation
When determining the appropriate custody arrangement, the courts are required to consider the best interest of the children. The best interests of the child under Ohio Law include such things as a parent’s willingness to facilitate and promote the parenting time with the other parent; the child’s relationship with each parent; the child’s familiarity with the living arrangements; any physical or psychological challenges affecting the child or a parent; the living environment of the child. These are simply a few of the things that the court must consider in determining whether a particular parenting / custody arrangement is in the child’s best interest.
Generally, the court’s preference is for shared parenting, if both parents cooperate and communicate with one another, each having equal say in the major decisions affecting the child (e.g. health care, extracurricular activities etc). It is very difficult for the court to order full or shared custody to a parent who refuses to cooperate in with the other parent or attempts to alienate the child from the other parent. Additionally, in contested custody matters it is not uncommon for the parties to request or the court to appoint a Guardian ad Litem (a legal representative for the child) to represent the child in the divorce proceeding. The costs of the Guardian are borne by the parties. Even if shared parenting is ordered, it does not automatically result in a strict fifty-fifty parenting time with the children. Rather, shared parenting pertains to the parties’ legal rights and responsibilities as to the care of the child and not to parenting time.
Visitation/parenting time
Serving clients in Hamilton, Butler, Warren and Clermont Counties in Ohio and Kenton, Campbell, Boone, Grant and Pendleton Counties in Northern Kentucky
E-mail or call 513-241-6650 For a Free Initial Consultation
Unless there are extenuating circumstances deemed not to be in the child’s best interests, i.e. a parent has a drug or alcohol abuse problem, sexual abuse, violent tendencies or some other issue, the court will usually award reasonable parenting time to a non-custodial parent based on the belief that it is in the child’s best interests to maintain a relationship with both parents. As family law lawyers, we work hard for clients who are non-custodial parents and ensure that the court has all of the relevant information necessary to best protect a parent’s relationship with the child. Child custody issues are very fact dependent. As a result, it is necessary to investigate fully the factors that will be used by the court in determining the best interest of the children.
Custody, child support, spousal support and marital property
Serving clients in Hamilton, Butler, Warren and Clermont Counties in Ohio and Kenton, Campbell, Boone, Grant and Pendleton Counties in Northern Kentucky
E-mail or call 513-241-6650 For a Free Initial Consultation
Ohio law does not consider the economic status of a parent to be a factor in determining custody. However, if a parent is living in unsuitable housing or is unable to provide the child with basic necessities such as food, warmth, cleanliness, etc., such factors will likely be considered in determining the best interests of the children. It is important to meet with an experienced family lawyer early on in the proceedings so that you can best protect your relationship with your children. You will then be able to prepare the best way to demonstrate that you are able to care for your children. As your attorney, we will do our best to see that the terms of custody, child support, spousal support and division of assets are coordinated to provide you with the strongest benefit possible during custody proceedings, including modification of a custody order, please call (513)241-6650 or e-mail our Cincinnati, Ohio or Florence Kentucky office for a free consultation.
ADOPTION
Serving clients in Hamilton, Butler, Warren and Clermont Counties in Ohio and Kenton, Campbell, Boone, Grant and Pendleton Counties in Northern Kentucky
E-mail or call 513-241-6650 For a Free Initial Consultation
While divorce can tear a family apart, adoption can bring a family together by adding a new member. We have helped many parents navigate the complexities of adoption law to help their dreams come true.
The complexities of adoption laws can be daunting and discouraging. Being proactive and efficient has helped unite children with willing and enthusiastic parents, through infant adoptions, step-parent adoptions to agency adoptions. In the state of Ohio, adoptions are handled in the county probate courts.
Types of Adoptions and Adoptive Parents
Serving clients in Hamilton, Butler, Warren and Clermont Counties in Ohio and Kenton, Campbell, Boone, Grant and Pendleton Counties in Northern Kentucky
E-mail or call 513-241-6650 For a Free Initial Consultation
An adult or a child my be an adoptee (adopted individual). Each jurisdiction has state laws that describe requirements that must be met in order for an individual to be eligible for adoption. One common requirement is consent from the parents (giving up parental rights), legal guardian or child (over the age of 12 in most states).
The standard type of adoption used is open adoptions. The amount of contact and sharing of information may vary in open adoptions. On frequent occasions, birth parents choose the adoptive parents for their child. Their decision may have come from information provided by the potential adoptive parents, or by an interview. Even in cases where the birth parents do not select the adoptive parents, there is still sharing of information and often a meeting between the parents. The birth parents and the adoptive parents may choose to have contact even after the birth of the child. Often arrangements are made to specify how much contact, if there will be visitation rights and what type of communication they may have with each other and the child.
Adoption Process
Serving clients in Hamilton, Butler, Warren and Clermont Counties in Ohio and Kenton, Campbell, Boone, Grant and Pendleton Counties in Northern Kentucky
E-mail or call 513-241-6650 For a Free Initial Consultation
When considering adopting a child you must first make sure you meet the criteria. Our attorney’s will help you through the background checks and the application process. If the adoption involves a surrogate mother who desires to place her child up for adoption, we must first ascertain if the birth father is going to consent to the arrangement and whether he desires any level of participation in the child’s life.
The last step is the hearing where one of our attorney’s would serve as your advocate. If we are dealing with a contested adoption because of the birth father decides he wants parental rights, we will diligently represent you in your right to adopt the child of your dreams.
We can also represent birth parents who voluntarily place their child up for adoption. This is a very difficult time and our attorney’s would fully advise the birth parent as to their rights and responsibilities.
GRANDPARENT RIGHTS
Serving clients in Hamilton, Butler, Warren and Clermont Counties in Ohio and Kenton, Campbell, Boone, Grant and Pendleton Counties in Northern Kentucky
E-mail or call 513-241-6650 For a Free Initial Consultation
Divorce can some times affect the rights of others in a child’s life. There are many people that are very important in a child’s life. Divorce is often catastrophic for grandparents and other’s that play an important role in your child’s life. There are laws in the State of Ohio that address how grandparents, guardians and other important companions can remain in your child’s life.
In Ohio, Grandparents have the right to petition a court for visitation. However, they do not have an automatic right to have visitation. That decision is made by the court on a case by case basis, using the best interest of the child standard.
Generally, when a grandparent is awarded visitation by the court, the visitation schedule normally is less than what would be awarded to a parent. There is a reason for this. A grandparent’s rights are not the same as a parent’s rights. The courts in Ohio want to be very clear about this.
If you are looking for someone to help you remain an important part of a child’s life call one of our attorneys to assist you in the process. It is important, and in the best interest of the child, to maintain loving and stable relationships.
COMMONLY ASK QUESTIONS
Serving clients in Hamilton, Butler, Warren and Clermont Counties in Ohio and Kenton, Campbell, Boone, Grant and Pendleton Counties in Northern Kentucky
E-mail or call 513-241-6650 For a Free Initial Consultation
What is a dissolution?
Normally, by nature, a dissolution is uncontested. Both you and your spouse file a petition. Both you and your spouse agree to all issues, including custody, child support, spousal support, division of assets, debts, household goods and property, retirement accounts, life insurance and any additional assets. Both you and your spouse must appear at the final hearing, or the case will be dismissed. You and your spouse may exchange any financial or other information prior to filing the case, and there is no court ordered disclosure of assets. The will be no temporary orders while the case is pending. There will be no restraining orders preventing either party from disposing of or selling assets while the case is pending. There will be no trial. Normally, a dissolution should be concluded within 90 days of the filing of the petition.
What is the difference between a divorce and a dissolution?
The major differences are that in a divorce only one person files a complaint for divorce. The divorce can be contested or uncontested, depending upon whether the defendant answers and/or contests the complaint. The court can order temporary orders while the case is pending. Restraining orders can be issued while the case is pending to prevent you or your spouse from disposing of assets and harassing each other. You and your spouse are required to exchange financial and other information with each other during a process called “discovery”. Your case may result in a trial. A divorce can last anywhere from 90 days to one year (no children) and up to 18 months or longer for a divorce with children.
What is community property?
Community property is everything that you and your spouse own or have acquired from the beginning of your marriage until the date of separation. Any income earned and property acquired during the course of your marriage is deemed to be owned by both you and your spouse regardless of who actually earned or acquired it. The same goes for debts. Any debt acquired during the marriage will be deemed community debt without consideration wof which spouse actually acquired it.
How will I know what separate property is?
Separate property is anything owned individually by you or your spouse. You can indicate that something in separate property. You and your spouse must indicate the status in writing. The same goes for debt. You or your spouse may also incur separate debt by showing that the creditor was only looking to just you or just your spouse for repayment. Most of the time separate property is usually limited to property owned before the marriage, gifts or inheritances, and post separation earnings.
What about my house? Who gets to keep it?
In most circumstances, your primary home is considered community (or marital) property. The court considers many things when determining division of marital assets. Providing stability when children are involved is a very important factor. The parent awarded primary custody will most often remain in the home. If children are not involved, it is more likely that the home may be sold. Sometimes, adjustments in maintenance and alimony can be made to avoid selling it.
Does my spouse have to move out of our house before a dissolution or divorce is final?
Definitely yes, for dissolution. Most courts in Ohio require separation prior to the granting of a divorce, as well.
Will a court order spousal support in my situation?
The court may order spousal support in certain situations, for example, where one spouse or the other has not developed a career because of home responsibilities, or has failing health.
Will I have to share my pension?
Pensions earned during the course of the marriage and that are vested at the time of the separation are normally considered a part of the marital assets. This means that your spouse may have a right to a portion of your vested proceeds.
What is a QDRO?
A Qualified Domestic Relations Order (QDRO) is a court order which allows payouts from a retirement plan to the former spouse. You must have a QDRO in place to assure that your former spouse receives benefits as an alternate payee, because if you do not have a QDRO benefits may only be paid out to the individual employee who earned the benefits.
What is shared parenting?
Ohio shared parenting is similar to what other states refer to as joint custody, joint legal custody or joint physical custody. When a family court enter a Shared Parenting Decree and approves a Shared Parenting Plan, both parents have the legal status of being a “residential parent”.
What is the difference between Ohio shared parenting and Ohio sole custody?
When an Ohio family court enters a Shared Parenting Decree and adopts a Shared Parenting Plan, both parents have the legal status of being a residential parent. When only one parent is the residential parent, the other parent may be awarded parenting time, but does not have the legal status of being a residential parent. This example used to be called sole custody (now called the “residential parent and legal custodian of the child”).
Do both parents have to request Shared Parenting for a family court to order Shared Parenting?
No. You or your spouse must file a motion requesting the court enter a Shared Parenting Decree, and at least on of you must file a Shared Parenting Plan for the Court’s approval. In addition, the court must review the Shared Parenting Plan and find that the plan is in the best interest of the children.
Does Shared Parenting mean the time with the child will be split 50/50?
No. The division of parenting time can be any division of parenting time that the parties propose and the Court approves. However, when determining an appropriate division of parenting time, it is important to consider the impact of the plan up the child. A parenting plan that has the children in a different home every night and living out of a suitcase is unlikely to be approved by a Court. A better approach is a shared parenting plan that maximizes time with each parent and provides stability and predictability for the child/children.
If we decide on Shared Parenting does that mean neither of us will pay child support?
No. The same child support worksheet is used to calculate support for sole custody and shared parenting cases. However, if you and your spouse agree to lower child support, and the court approves lower child support, and finds it to be in the best interest of the children, then the child support may be lower than the Ohio child support guidelines.
How does the court decide if shared parenting is in the best interest of the child/children
Ohio law states when determining whether shared parenting is in the best interest of the child/children, the court shall consider all relevant factors, including but not limited to some of the following:
The ability of the parents to cooperate and make decisions jointly, with the respect to the children;
The ability of each parent to encourage the sharing of love, affection and contact between
the child and the other parent;
Any history of, or potential for, child abuse, spouse abuse, other domestic violence or
parental kidnapping by either parent;
The geographic proximity of the parents to each other, as the proximity relates to the
practical considerations of shared parenting;
The recommendation of the guardian ad litem of the child, if the child has a guardian
ad litem;
The Ohio law also states that when a Court is allocating parental rights and responsibilities for the care of children, the Court shall not give preference to a parent because of that parent’s financial status or condition.
Parents who are not married – Who has the rights?
In Ohio, when a child is born to parents who are not married, the mother has sole custody of the child. The father has no rights to see the child at all until he goes to court to get them.
When a couple who is not married splits up, they often struggle about when or if the father is going to see the child. Emotional issues get in the way, and power struggles result, placing the child squarely in the middle. Many times, fathers try to avoid going to court to get court ordered time with their child because of the cost involved, or because they are afraid they will formally have to start paying child support.
Fathers of children who were not married in Ohio have no rights until they go and get them.
Who Can Be an Adoptive Parent
It use to be that adoptive parents were typically heterosexual, married couples looking to adopt a child. Today, this is not the case. An adoptive parent may be single, a stepparent, a grandparent, gay, lesbian, homosexual or adopting another adult. A stepparent may adopt the child of his or her spouse with consent of the child (if over 12), the other biological parents or other legal guardians. A grandparent may adopt his or her grandchild with the necessary consents
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