stark county family court is a project of Stark County Family Court. The Family Court of Stark County is proud to serve as the judicial system that keeps families strong and communities vibrant by providing fair and equitable family court services and family law decisions, while also promoting an ethical approach to the practice of law that protects and preserves the client’s right to due process.
We have compiled a list of some of the most commonly asked questions about Stark county family court.
1. Who is responsible for providing for the children financially?
A. It is a joint effort between the parents to provide for the children. The parents are directed to file a financial affidavit and complete an income and expense worksheet. The worksheet will be reviewed by the court to determine each party’s ability to provide for their kids based on the amount of hours worked, health insurance costs and other factors.
2. How can I enforce my rights as a parent?
A. In Ohio, parents have the right to have children who are not yet in their custody and have a relationship with the other parent. If the children’s other parent is not complying with parenting time or not permitted contact with the other parent, you can file a motion requesting parenting time.
3. How long does a divorce case take?
A. Every divorce case varies. The length of time will depend on how complicated the case is and how long it takes the parties to come to an agreement. You can file for divorce only because both parties can agree that a divorce is in their best interest. However, if both parties cannot agree on issues pertaining to property, children, alimony and other provisions, the case may be complicated and contested.
4. What kind of legal matters does a family law lawyer handle?
A. Family law lawyers handle various areas of law; including providing assistance with issues of domestic violence, child custody and visitation, child support, alimony and marital property division. We also assist clients in matters regarding divorces and adoptions.
5. Why should I hire a family law attorney when I can do this myself?
A. Seek the advice of an attorney because you will be able to confidently navigate through the contested part of your case knowing that your family is protected and that each party is being provided with equal treatment under the law.
6. How long will my case take?
A. This again depends on the time that it takes for both parties to come to an agreement on issues pertaining to property, children, alimony and marital property division. A typical case may be completed in months, but some cases may take up to two years or more.
7. Am I able to work during my divorce case?
A ; Yes, most clients are able to continue working while their cases are pending. You will need to provide documentation that you are working and earning a sufficient income. If you are not working or do not have an income, you will be considered indigent and the court may be able to help you pay for legal fees.
8. What if I cannot afford an attorney?
Some clients qualify for government grants or funding which help pay for legal services if they meet certain requirements.
9. Can I keep the house if I do not have the money to pay for my share of the house?
A. Yes, you can qualify for a reduced portion of your marital home, but you will need to provide documentation that you are working and earning a sufficient income. If you are not working or do not have an income, you may be considered indigent and the court may be able to help you pay for legal fees.
10. If I am not working and not earning an income, do I qualify for a reduced portion of my share of the marital home?
A. If you are unemployed and have no source of income, you will need to provide documentation that you are working and that you are receiving unemployment benefits.
11. Why do people need an attorney in Stark county family court?
Many people don’t need or want an attorney to handle their divorce/family law case. However, if you are not sure whether you need one, the following list might help.
An individual who is seeking representation in a contested matter may be asked to answer a series of questions to determine if there is a conflict of interest that would prevent him/her from handling their matter. If there is, that person should be disqualified from representing the client and new counsel should be appointed. This process is called screening.
If an individual is not screened out by the screening interview, then the responsibility to screen the individual and the client is on the attorney-client relationship. An attorney has an ethical duty to screen his/her client, but may waive that duty under certain circumstances.
The screening interview may include information regarding any criminal history and/or if there are any potential financial interests. If so, this information should be determined during the screening interview and will also be available for public view through Ohio public records. The attorney should also be able to provide a list of clients that they have represented.
The interview may include information regarding substance abuse and/or dependency treatment. The attorney should also be able to provide documentation that they are participating in or have participated in substance abuse and/or dependency treatment.
The interview may include information regarding any prior arrests or convictions. If so, the attorney should be able to provide documentation of the arrest or conviction, the outcome and whether there was any civil restitution involved.
The attorney should also be able to provide a list of any prior and current counsel that they have consulted with or retained to assist them in the case.
The screening interview may include whether psychological (mental health) counseling records are available. The attorney should be able to provide documentation that he/she has had psychological counseling.
The screening interview may include information regarding military service. If the individual is still on active duty, the attorney will need to provide a copy of the DD-214 to verify that he/she is currently in active status. If he/she has been honorably discharged, the DD-214 should reflect that discharge.
I hope this article provides you with some insight into your situation and helps prepare you for things to come. If you are facing a divorce in Ohio, then you have come to the right place for answers to your questions about the divorce process in Ohio.
