Divorce

Divorce Attorney Serving Clermont County, OH

Attorney Serving Batavia, Cincinnati, Clermont County, & Surrounding Areas.
George will NOT be intimidated.

When it comes to divorce law and custody issues, you need to hire an attorney that you can trust, will support your decisions, and provide you the most honest representation in Ohio. At Montgomery Law Office, LLC, we have been in business for over 31 years helping families through the toughest of times. George Montgomery is a divorce attorney serving Clermont county and beyond who has experience handling more than a thousand divorce cases. At Montgomery Law Office, LLC, we take pride in our ability to assist each client through their unique situations. Whether your case is in Clermont County, Cincinnati, Hamilton County, Brown County, Clinton County, Highland County, or Adams County, give us a call for your free consultation!

Understanding the differences between an uncontested or contested divorce, a legal separation, annulment, or dissolution, and how an attorney can help with all of them is important to your future.

Divorce

There are essentially two types of divorces, contested and uncontested.

Uncontested

Should the parties agree on all the issues, property division, debt division and retirement plan allocation, they can prepare and submit a signed separation agreement to the Court.

If the parties have a child or children and they agree on all issues involving the child or children, they can submit signed documentation delineating that agreement. That parenting agreement can be in the form of a Shared Parenting Plan. Such a plan would put forth the parenting responsibilities agreed upon by the parents as well as a parenting schedule. The Shared Parenting Plan will allocate tax deductions and address the allocation of uncovered medical expenses. Such a plan is likewise submitted to the Court for consideration. Should the Parenting Plan be in the best interest of the child or children, the Court will adopt same in its entirety.

Contested

Should the parties be unable to agree on division of debts, assets or parenting issues, the matter proceeds as a contested divorce. This can take several hearings resulting in considerable Attorney’s fees. Divorces on the contested docket are not necessarily involving all issues of liability, assets and parenting issues. Issues in divorce cases can be narrowed. For example, it is not uncommon for parties to agree on issues of property and debt allocation but fail to agree on parenting issues. In such cases, a separation agreement may be submitted leaving the issue of parental rights to be determined by the Court. Further, should the parties be in agreement with the parenting issues and fail to agree on property division, a parenting plan can be submitted leaving the issue of property allocation to the Court.

Legal Separation

A legal separation is when one or both of the parties decide to separate from one another but remain married. This is rare. In cases I have handled recently involving a legal separation, the parties could not continue as husband and wife, however, one party required medical care and needed to remain on the other’s health insurance. Should the parties continue with a divorce as opposed to legal separation, then continued medical insurance coverage is not possible. A legal separation divides the assets and liabilities of the marriage but keeps the parties married. Should the parties later decide they wish to divorce, they must proceed with a divorce action filed with the Court.

Annulment

An annulment will terminate a marriage but will also consider the marriage voided from the beginning. In order to proceed with an annulment, one of the following must apply:

• A juvenile spouse

• One of the parties were already legally married

• Mental ineptitude

• One of the parties was forced into marriage

• The marriage was not consummated

Dissolution

A dissolution is an action to terminate a marriage when all issues of a marriage have been resolved. A dissolution requires a complete agreement by both parties as to property division, retirement plan allocation, parenting issues, child support, spousal support, etc. The property and/or parenting agreements are filed with the Court. However, the agreement(s) can be contested at the hearing. Should either party take issue with the agreement in its entirety or in part, the Court will dismiss the action requiring the parties commence with a new action. An attorney can ensure that this process goes as smoothly as possible.

At Montgomery Law Office, LLC we believe that you should know your rights in Cincinnati, OH and surrounding areas and that everything you have worked hard for is protected. Arm yourself with a divorce attorney that is experienced and knows divorce law serving Clermont county. An attorney who will not be intimidated and will protect you and your interests. Having experience dating back to the 1970's as a police officer, later as a detective and then an Attorney, George Montgomery can help you through this difficult and challenging time.

Don’t trust your future with just anyone. Call Montgomery Law Office, LLC to set up your free initial consultation. Once you meet George Montgomery, you will be confident that he is fighting on your side. Call today at (513) 732-2900 or after-hours at (513) 550-9999.