Madison County Divorce Lawyer
If you are considering hiring a divorce attorney near you or have recently been served with divorce papers, you likely have questions about the next steps and what your future will look like moving forward. Although divorce is a common legal proceeding, the difficulties that accompany the process remain. Those experiencing divorce have reported emotional distress, financial worries, and concerns about children. If you are reading this because you want to start or have already started a divorce proceeding, know that you do not need to experience the process alone. Get in touch with our experienced family law and divorce attorneys near you at Joslyn Law Firm.
Hiring A Divorce Lawyer Near You In Madison County, Ohio
Working with a family law and divorce lawyer can greatly improve the outcome of your case. Having represented clients at all stages of divorce, the attorneys at Joslyn Law Firm will provide you with exceptional legal guidance and the compassion you need during this time in your life. Our legal team has led clients through the most difficult aspects of divorce, including:
- Property and debt distribution;
- Spousal support;
- Child custody;
- Parenting time;
- Child support; and
- Post-divorce disputes.
Although our attorneys often work with clients in highly contentious cases, we have also helped clients in uncontested divorces, called “dissolutions of marriage.” Other times, clients come to our office feeling overwhelmed and do not know where to start. Because family law is what we do, rest assured knowing that our team can assist clients no matter where they are in their situations.
Joslyn Law Firm is led by managing attorney Brian Joslyn, an award-winning attorney with over a decade of experience in family law and criminal law. Selected by prestigious organizations for his outstanding trial and advocacy skills, Joslyn Law Firm is now recognized as one of the top family and criminal law firms in Columbus, Ohio, and surrounding counties. Not only is Joslyn Law Firm well-known in the legal community, but it has also developed an excellent reputation for client satisfaction. Our divorce attorneys understand that discussing divorce can be very difficult. When you are ready to meet with one of our attorneys, call our office at (614) 420-2424 or contact us online.
Information Center
- Hiring A Divorce Lawyer Near You In Madison County, Ohio
- How Can A Family And Divorce Lawyer Near Me in Madison County Help?
- Emergency Relief
- Temporary Relief
- Post-Decree Disputes
- Residency Requirements For Divorce In Madison County
- Court Hearings And COVID-19 Precautions
- Schedule Your Free Consultation With A Madison County Divorce Attorney
How Can A Family and Divorce Lawyer Near Me in Madison County Help?
All courts are required to follow the same divorce laws in Ohio. However, all of Ohio’s 88 counties have unique court rules and procedures. Working with an experienced divorce attorney can help you avoid mistakes with filing, deadlines, entering evidence, and misunderstandings of the law. The Madison County divorce lawyers at Joslyn Law Firm have considerable experience representing clients at the Court of Common Pleas and have learned and practiced the local rules and procedures.
While some divorce cases are smoother and require less court intervention, other cases have greater needs during and after the divorce. Either spouse can request emergency, temporary, or post-decree relief. Depending on the relief requested, some motions are more appropriate than others. Your divorce attorney in Madison County can help you determine which motion is most suitable for your situation.
Emergency Relief
When there is a great risk of immediate harm to a child, spouse, or former spouse, emergency or “ex parte” relief can be a temporary solution for families. Reasons to request this kind of relief typically include protective orders for domestic violence, custody, and parenting time.
In a typical court proceeding, both sides have an opportunity to present their sides of the dispute. Specifically, the person who is the subject of the dispute, known as the “respondent” or “defendant,” has several days to review any court documents, hire a divorce attorney, and respond to all allegations. In an ex parte proceeding, a judicial officer reviews a petition for relief without a hearing or the respondent’s input. The petition’s allegations are what the judge relies on when making a decision. If the petition is denied, the petitioner can still get a hearing, and both parties can attend and explain their sides. If the petition is granted, the petitioner receives some or all requested relief for a very brief amount of time, usually less than two weeks. Typically, the relief limits or prohibits contact between the petitioner and respondent. The judicial officer will still have a hearing where both parties can fully explain and dispute allegations in the petition. At the end of the hearing, the judge can grant or deny any or all requested relief for a longer time period. The court order will fully outline all details associated with limiting or eliminating contact between the petitioner and respondent.
When petitioners request emergency relief, their allegations must truly present an emergency, and they must be of a nature that would lead to immediate harm. Emergency petitions can arise for many reasons, but they can occur more often when spouses are experiencing a stressful and heavily disputed divorce. Suppose your spouse has threatened you with immediate physical harm or has already attempted or succeeded in doing so. Physical harm can include injuries that result from physical fights or sexual violence, among other things.
Perhaps you are not the petitioner but instead were served court documents alleging that you have threatened harm or have harmed your spouse. If this sounds familiar to you, know that a family law and divorce attorney can help you build a defense that can limit the penalties against you, dismiss the petition, or explain how the allegations are false.
Temporary Relief
Temporary relief can be granted to a spouse who files a motion and supporting documentation explaining the need for short-term assistance. These motions can heavily overlap with emergency petitions, or they can exist separately. Unlike emergency relief, temporary relief is not necessarily granted on an emergency basis. Instead, temporary relief is more appropriate for issues that stem from the divorce, including:
- Spousal support (alimony);
- Custody and parenting time;
- Child support;
- Use of marital property; and
- Restraints to sell marital property.
Temporary orders often arise when the spouses are experiencing a lengthy divorce but cannot wait for the final divorce decree to address disputed issues. Situations often arise when one spouse believes there is a need for spousal support before the divorce decree is issued. For example, perhaps you and your spouse live separately, and you have been disputing the divorce for many months or even over a year. If you believe you need spousal support before the final divorce decree, a motion for temporary relief can help you obtain support before the divorce is final. Another common situation occurs when one spouse believes the other is selling marital property. A temporary order can restrain your spouse from selling any items. As with emergency petitions, motions for temporary relief can heavily impact both spouses. If you want to file a motion or you have been served with a motion for temporary relief, a qualified family law and divorce attorney near you can help you develop the best arguments for your case.
As their name suggests, temporary orders are only effective until a judicial officer issues a final divorce decree. The final decree can change or completely eliminate the details of a temporary order.
Post-Decree Disputes
Unfortunately, divorce disputes do not always end at the divorce decree. Instead, one of the ex-spouses might believe an issue in the divorce decree requires modification. In “post-decree” motions, one ex-spouse can request that judicial officers change:
- Spousal support payments;
- Child support payments;
- Custody;
- Parenting time; and
- Specific issues related to marital property.
For example, if your divorce decree requires you to pay monthly spousal support payments to your ex-spouse, you can potentially file a post-decree motion to lower or terminate payments. On the other hand, perhaps your divorce decree requires your ex-spouse to pay you monthly child support. Depending on your circumstances, you could file a motion to increase monthly payments or demand payments if your ex-spouse has failed to pay them. Each of the above-listed motions requires separate standards to prove, and some motions are more challenging to prove than others. As family law and divorce lawyers, the attorneys with Joslyn Law Firm have helped many clients file post-decree motions and are very familiar with every motion’s standard of proof. If you are already divorced and want to modify your divorce decree, please call a Joslyn Law Firm family law attorney at (614) 420-2424 or contact us online.
Residency Requirements For Divorce In Madison County
When spouses decide to separate, it can sometimes be tempting for one spouse to immediately file for divorce. Problems can arise when the filing spouse unknowingly files at the wrong place and at the wrong time. Before filing any documents, you must know whether you meet Ohio’s residency requirements. If you are the petitioner or the filing spouse, you must live in the state of Ohio for at least six months prior to the filing date. If you want to file in Madison County, you must also live in any township within the county. If you are the spouse who expects to receive divorce papers or you have already been served, you do not need to meet the same residency requirements as the petitioner. This means you can live in any county in Ohio or in a different state. If you have questions about filing or are unsure where to file, Joslyn Law Firm can provide you with the guidance you need.
Court Hearings And COVID-19 Precautions
Madison County divorce proceedings are heard at the Court of Common Pleas, located at:
1 North Main St.
London, OH 43140
However, the COVID-19 pandemic has limited access to the courthouse, and some hearings and conferences may be held over the phone. For more information on Madison County’s COVID-19 precautions, please review the Court’s March 18, 2020 Journal Entry and updated mask policy effective February 23, 2022. Because each county in Ohio has unique policies regarding COVID-19, please discuss specific requirements with your attorney.
Schedule Your Free Consultation With A Madison County Divorce Attorney
Our family law attorneys at Joslyn Law Firm is ready to help you no matter where you are in your divorce. We have helped clients at all stages, from initial questions to the conclusion of post-decree motions. Whether you are ready to file or have been served with papers, our attorneys have the skill you need to achieve the best outcome possible for your case. To schedule your free consultation with a family law divorce lawyer near you at Joslyn Law Firm, call our office at (614) 420-2424 or contact us online.
Reviews of a Madison County Family Lawyer
Read this 5-star Google review below!
“Very kind and caring attorneys and staff. Would refer to anyone in need of a family law attorney.”
By: Abby F.
Rating: 5/5 ⭐⭐⭐⭐⭐
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