513-601-5189
513-601-5189
With over 18 years of experience representing Butler County divorce clients as well as representing divorce clients in Hamilton County, Clermont County, Warren County, Montgomery County, and Preble County, we have the experience and knowledge of divorce court procedures necessary to provide you with skilled representation in your divorce. We are experienced in divorces involving high value asset division, real property, QDRO, DOPO, and other retirement divisions, custody and child support, debt allocation, military divorce, and most other legal situations that arise during a divorce.
We are prepared and experienced to take cases to trial in the event that an amicable resolution cannot be reached on some of or all of the issues in your divorce. We are experienced with contested divorce issues including: spousal support, child support, temporary custody, allocation of debts, real estate issues and property division, spousal support (alimony), shared parenting, custody, sale of real estate, valuation of assets or real estate, and attorney fee issues.
Divorce attorneys at The Peck Law Office speak the same language as our clients. We will take the time to explain the meaning of verbiage that will seem foreign to a non-attorney. Further, it is imperative that a spouse going through this process understands the impact that specific language contained in court documents has in the short term and will have in the long term. Our clients have this understanding.
Our divorce clients benefit from The Peck Law Office's reasonable and efficient billing practices.
Our divorce attorneys understand that your job, parenting responsibilities, and lifestyle may not permit you to schedule consultations during banker's hours. We strive to make every effort to schedule and speak with you when you are available. Our client's have access to emergency contact methods so that you are able to notify your divorce attorney during evening and weekend hours in the event that you encounter an emergency.
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I generally recommend hiring a divorce attonrey that has ample experience representing clients in the specific court in which your divorce is now or will be pending. For example, if your case is now filed in Butler County, or will be filed in Butler County, an attorney that frequently practices in Butler County may present an advantage to you as he/she may be:
More specifically, hiring a local attorney may ensure that your case is handled more efficiently and is presented to the Court in a manner that Butler County Judges and Magistrates prefer. This may lead to a better outcome in your divorce case.
This is the million dollar question asked by most parties seeking a divorce. First and foremost, no two cases are identical. Divorces with substantial assets and/or children generally take longer than simple divorces without children or substantial assets. A simple non-contested divorce can take as few as 60-90 days. However, even in the case of a simple non contested divorce, there are factors that will effect how long the process may take. For example, the first step in any divorce proceeding is serving your spouse with the Complaint. If you have lost contact with your spouse after a lengthy separation, serving him or her with the divorce complaint may be time consuming.
Generally, it is accepted that divorces with minor children should be finalized within 18 months from the date of filing. Divorces with no children should be finalized in no more than 12 months after the date that the divorce complaint was filed.
Although the divorce process is fairly uniform in Ohio courts, each specific county's domestic relations court has its own rules of procedure. As such, the process for conducting hearings, conducting trials, and for the filing of motions varies tremendously among Ohio courts. Additionally, the cost of filing, or court costs, are established by each court in varying amounts.
Becuase of each court's unique rules, The Peck Law Office recommends consulting with an attorney that has experience practicing in the domestic relations court in which you intend to file.
Our divorce attorneys are experienced in Butler County, Hamilton County, Warren County, Clermont County, Montgomery County, and Preble County. We have appeared for limited appearances in Ross County as well.
The Peck Law Office offers free initial divorce consultations. Call us, meet us, then decide if we are the best divorce attorneys for your case.
Divorce Attorneys bill hourly rates based largely on the attorney's level of experience. To discuss our rates, please call us today.
Depending upon the complexity of the issues in your divorce, the disparity between the spouse's respective positions on those issues, and other procedural requirements, a typical divorce in Ohio may take as few as 60 days and as many as 18 months or more. To discuss the likely amount of time that your divorce will require to be finalized, call and schedule a free appointment today.
Butler County Divorce Timeline
Surrounding counties, such as Hamilton County and Warren County, follow the same basic timeline, or a timeline very similar to the one outlined below. However, differences exist between these Ohio counties in terms of scheduling the initial divorce hearing, the enactment of temporary orders for parenting and spousal support, as well as in the procedure for handling non contested divorces. Please call our office today for greater explanation.
Please note that this is for informational purposes only and is by no means legal advice. Filing for divorce in Butler County and all counties in Ohio is a very complex matter and should not be undertaken without the representation of an experienced and knowledgeable divorce attorney that practices in the specific county in which you are filing for divorce.
(1) Complaint is Drafted and Sent to Case Management For Review and Approval. Your Divorce Attorney Prepares Your Complaint For Divorce And It Is Submitted To The Butler County Ohio Domestic Relations Court's Case Management Office.
Each Domestic Relations Court in Ohio has its own department that ensures incoming filings comply with local and state rules regarding required documents and the contents of those documents. Divorces with Minor Children require that your experienced divorce lawyer file many detailed documents to be submitted with the Complaint For Divorce. Due to this, it is not uncommon for the case management department to identify additions or amendments to the Complaint. Our divorce attorney at The Peck Law Office files divorce complaints on a weekly basis. Although no two cases are the same, our divorce attorney is very experienced with the required documents and the required form of those documents. This saves you attorney fees for your divorce attorney, since approval of the complaint for divorce may require less time than other family law offices.
(2) Case Management Approval: The Complaint For Divorce Is Approved By Butler County Case Management.
(3) Divorce Complaint Is Filed: Once approved for filing, your Divorce Attorney files your Complaint at the Butler County Clerk of Courts. There may be motions for temporary orders being filed with your Complaint. If so, these motions, called pre-decree motions, are scheduled for hearing at the time of filing.
(4) Service. Your Complaint for Divorce Is Served Upon Your Spouse. This may occur in one or more of the following ways:
a. Certified Mail,
b. Process Server,
c. Sheriff Service, or
d. Publication.
(5) Answer Filed. Following Successful Service, Your Spouse Has 28 Days From Date Of Service To File An Answer.
(6) Temporary Orders May Be Issued Shortly After Service, Or After A Full Hearing.
a. In a divorce, temporary orders may go into effect early in the process. These temporary orders are generally triggered by whether or not the parties have minor children and/or reside in the same residence at the time of filing. Your divorce attorney will prepare an affidavit and motion requesting orders narrowly tailored to your case. It is very important to have an experienced divorce attorney prepare your divorce documents to ensure that proper temporary orders are initially requested.
b. What are temporary orders? Temporary orders that are effective soon after the service of the complaint for divorce and continue throughout the duration of the divorce case, or until other orders are issued. When there are minor children of the marriage, certain temporary orders may be issued regarding custody, parenting time, and child support. When the parties reside together at the time of filing, there will be temporary orders regarding the payment of marital debts and obligations, or bills. When residing separately at the time of filing, either party may petition the court for the issuance of temporary orders regarding; payment of debts and obligations, temporary spousal support, exclusive occupancy of a residence, payment for attorney fees, and other motions regarding debts, possession of real estate, and parenting issues.
c. See below for an explanation of temporary orders in the following scenarios:
i. When the parties are living separate at the time of filing, temporary orders may address:
Temporary Custody of Minor Child(ren): which spouse will have temporary custody of the minor child(ren). So long as the parties are living apart, and there are no prior court orders or orders from any other jurisdiction regarding the minor chld(ren), the spouse with actual physical possession of the child(ren) at the time of filing will generally be deemed the temporary residential parent until further court order;
Visitation | Parenting Schedule: the parenting time schedule for the non residential parent. If the parties have an established parenting schedule at the time of filing, that schedule should be stated accurately in the initial filing. Otherwise, the Butler County Court Standard Parenting Schedule, DR610, shall control. In the event that the filing party wishes to restrict the other parent's parenting time, the filing spouse must submit additional motions and affidavits identifying his or her concerns.
Temporary Child Support; The non residential parent will generally be ordered to pay guideline child support to the residential parent.
ii. When the parties remain in the same house at the time of filing, temporary orders may address:
Parenting Orders: The Court will Order that the parties continue providing for the children, including health insurance and medical care, as is the established practice of the household. Since both parents remain in the same house, there is no child support exchanged, nor is there any parenting schedule ordered at this stage.
Payment of Bills or the temporary allocation of household debts and obligations: When the parties remain within the same house at the time of filing, the Court will generally order that the parties' established practice of payment of debts and financial obligation shall continue during the divorce.
(7) Non-Contested Divorce Final: If Answer Is Not Filed- The Matter May Be Scheduled For A Non Contested Divorce Hearing. A Non Contested Divorce Hearing Is Generally Scheduled after 30-45 days and Requires The Plaintiff To Appear With A Witness Who Is Able To Testify To The Parties' Incompatibility.
(8) Answer Filed. If Answer Is Filed- The Matter Is Scheduled For A Scheduling Conference.
(9) Parenting Class: In the state of Ohio, all divorcing parents must attend parenting class if minor children are born issue of the marriage. In some situations this may be completed online. Call your divorce attorney to find out more information.
(10) Scheduling Conference. This is generally a 15 minute hearing in which the issues existing in the case are identified to the Judge by both parties or their counsel. At this time, important decisions may be made as to the progression of the divorce and any evaluations, reports, appraisals, and/or whether a guardian ad litem will be appointed for the minor child(ren). As the heading indicates, this hearing results in the scheduling of further hearings as well as the setting of deadlines for discovery.
(11) Settlement Conference. A settlement conference is ordered in most divorce matters. The settlement conference generally is a meeting between the parties and their respective counsel in an effort to discuss resolutions to some terms or all terms of the divorce proceeding.
(12) Pre Trial Hearings and Any Other Pre Decree Motion Hearings. If agreements as to all or some of the contested issues of the divorce are reached, these agreements or resolutions are stated on the record and/or prepared in writing and offered to the Court at a pre trial hearing.
(13) Trial. Issues that cannot be amicably resolved must proceed to trial. Divorce Issues most commonly resulting in a contested trial include: Custody and parenting issues, spousal support or alimony, and valuation and division of substantial assets or property.
(14) Decree of Divorce: Decree of Divorce is Prepared, Signed, Submitted to the Court, and Ultimately Filed. This completes the Divorce Process.
Click on each title below to learn more about each issue.