Family Law

        The Law Offices of David A. Looney Co. LPA has extensive experience with family law matters. Divorce, Separation, Custody, Support - These are issues that will greatly affect your emotional and financial well being, now and in the future.

        As an experienced family law firm, we are familiar with the emotional turmoil of people confronted with divorce, division of assets, spousal support, child support, custody and visitation. Our lawyers listen and understand your true feelings and goals. Our lawyers have the experience and skills needed to delicately negotiate a settlement when appropriate, or declare war in the courtroom if required.

        Life-changing decisions require a solid understanding of the options available in the context of the law and your unique situation. If you are making a legal change in your personal life, or if you are contemplating one, please call the Law Offices of David A. Looney Co. LPA at 330-785-3337, or save time with our online Contact Form. We are Experienced, Aggressive, Equipped, and Prepared - to fight for you and solve your legal problems.

Annulment - While a divorce and dissolution of marriage terminate a valid marriage, an annulment declares that the marriage was illegal in the first place. The grounds for an annulment in Ohio are:

• The party seeking the annulment was underage at the time of the marriage
• A former marriage of either party is still valid
• Either party was mentally incompetent
• Consent to the marriage was obtained by fraud
• Consent to the marriage was obtained by force
• The marriage was never consummated

Legal Separation- There may be times when the parties which to settle all issues as though they were getting divorced, but wish to remain married. For instance, a party may choose not to file for divorce based upon religious reasons, but still wants to separate from their spouse and resolve issues of property division, support, children, etc. Or perhaps the parties want to separate, but choose to remain married so the non-employed spouse can remain on the employed spouse's health insurance plan. In such cases, instead of filing an action for divorce, an action for Legal Separation is filed. The grounds for Legal Separation are the same as for a Divorce. Such a case proceeds basically as an action for divorce, except that in the end, the parties remain married.

It should be noted, however, that if one spouse files for legal separation, the other spouse can file a counterclaim and seek a divorce. Further, even though a legal separation may be granted, there is nothing that prevents either party from filing for an actual divorce at a later time.

Dissolution of Marriage - Dissolution of Marriage is a form of no fault termination of the marriage relationship wherein both parties have agreed upon all issues that must be resolved prior to filing the case. The agreement is put in the form of a Separation Agreement which addresses the division of marital property, spousal support, parental rights and responsibilities, child support, debts, etc. The agreement is attached to a Petition for Dissolution signed by both parties which states that the parties wish to have their marriage dissolved based upon the terms contained in the Separation Agreement. The basic advantage of a Dissolution is that it is not adversarial in nature, both parties have control over the final outcome, there is no Plaintiff or Defendant, and the Court basically does not make any decisions. The procedure is quicker and less costly than a contested divorce proceeding, and has the same legal effect as a divorce.

Jurisdictional requirements require at least one of the parties have been a resident of the State of Ohio for at least 6 months immediately prior to the filing of the Petition. After the petition is filed, a hearing date is scheduled. The hearing must be held not less than 30, nor more than 90 days after the filing of the Petition. Both parties must appear at the hearing.

Divorce  -  Other than death, the only way a marriage can be terminated in Ohio is by a Divorce or Dissolution, both of which are started with an action filed in the Domestic Relations Court.  The spouse filing an action for Divorce must have been a resident of Ohio for at least six months prior to filing.  Section 3105.01 of the Ohio Revised Code sets forth the grounds upon which a divorce can be granted, as follows:

• Incompatibility, unless denied by the other spouse
• Living separate and apart without cohabitation and without interruption for one year
• Adultery
• Imprisonment
• Extreme Cruelty
• Gross Neglect of Duty
• Fraud
• Habitual Drunkenness

A divorce is started with the filing of a “complaint” with the Court.  The spouse that files is called the Plaintiff, and the other spouse is called the Defendant.  In order for the Court to have jurisdiction over the Defendant, the Defendant must be served with a copy of the complaint and summons issued by the court.  Service can be made by certified mail, personal service, or by publication if the whereabouts of the Defendant are unknown.  When the case is filed, the Court issues a restraining order which prohibits either party from selling, transferring, or destroying assets, changing insurance coverages, incurring further joint credit, or removing the children from the county.

Once served, the Defendant Spouse must file an Answer to the Complaint.  If an Answer is not timely filed, the Plaintiff, can proceed to obtain an Uncontested Divorce.  Once an Answer is filed, the case is considered to be a contested case.  However, an agreement can be reached at any time during the proceedings, and the case can be concluded and the parties divorced pursuant to that agreement.  If it is impossible for the parties to reach an agreement, the case is ended with a trial, at which time the Judge makes a ruling on the issues in question.  

After the case is started, either party can request a ruling on pending issues such as custody, support, visitation, and exclusive use of the marital home.  These rulings are called Temporary Orders, and are in effect until final orders are set forth in the final Decree of Divorce.  In addition, either party can request that the Court order psychological or psychiatric evaluations of the parties and/or the children to aid the Court in making determinations with respect to parental rights and responsibilities.  A Guardian ad Litem may also be appointed by the Court at the request of ether party, or upon the Court’s own motion to represent the interests of the minor children.  The Guardian ad Litem will make recommendations to the Court with respect to the children’s issues.

In order to assist the attorneys in discovery of the nature and value of the assets involved in the case, discovery procedures are commenced which may include interrogatories, depositions, and request for the production of documents.  Experts may be retained to appraise property and business assets.

After the hearing on Temporary Orders, there will usually be one or two pretrials scheduled by the Court.  At the pretrial, the Judge will discuss the various issues remaining to be settled, and explore the possibility of a mutually agreeable settlement.  

If a settlement cannot be reached, the case is scheduled for a trial.  At trial, both parties present testimony, witnesses, and documents that pertain to the issues being tried.  If experts were retained, their testimony or reports will be considered.  At the conclusion of the evidence, the judge will make a decision based upon the evidence and the law, and issue a decree of divorce based upon that decision.

Parental Rights  -  During the marriage, both parties have equal custody of their children – and both parents have equal authority to jointly make decisions concerning their children.  When a marriage is terminated by divorce, one spouse will have primary responsibility over the children (unless the court approves a Shared Parenting Plan).  The parent with the primary responsibility is called the residential parent, and the other parent is called the non-residential parent.  If the parties cannot agree among themselves who will be the residential parent or upon a companionship schedule, the Court will decide the issue at the time of trial.

When the Court must decide the issue of custody, the Court’s primary focus is on the “best interests of the child”.  The Court is required by law to consider the following factors in determining the best interests of the child:

• The wishes of the child’s parents regarding the child’s care
• The child’s wishes and concerns as to the allocation of parental rights and responsibilities if the Court has interviewed the child in chambers
• The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interests
• The child’s adjustment to the child’s home, school, and community
• The mental and physical health of all persons involved in the situation
• The parent more likely to honor and facilitate court approved parenting time rights or visitation and companionship rights
• Whether either parent has failed to make all child support, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor
• Whether either parent previously has been convicted of or plead guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child
• Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the Court
• Whether either parent has established a residence, or is planning to establish a residence outside of this state.

When custody is granted to one parent, companionship (visitation) is normally granted to the nonresidential parent (unless it would not be in the best interests of the child).  The Court is required to adopt a standard order of visitation to be used as a guideline.  The Court is further required to include in its final decree a specific schedule of visitation, taking into consideration the following factors:

• The prior interaction and interrelationships of the child with his/her parents, siblings, and other relatives
• The geographical location of the residence of each parent and the distance between those residences
• The child’s and parents’ available time, including, but not limited to, each parent’s employment schedule, the child’s school schedule, and the child’s and the parents’ holiday and vacation schedule
• The age of the child
• The child’s adjustment to his home, school, and community
• The wishes and concerns of the child as expressed to the Court if the Court has interviewed the child in chambers regarding the wishes and concerns of the child as to visitation by the parent who is not the residential parent as to a specific visitation schedule or as to other visitation matters
• The health and safety of the child
• The amount of time that will be available for the child to spend with siblings
• The mental and physical health of all parties
• Each parent’s willingness to reschedule missed visitation and to facilitate the other parent’s visitation rights
• Whether the residential parent has continuously and willfully denied the other parent his or her right to visitation in accordance with an order of the Court
• Whether either parent has established a residence or is planning to establish a residence outside of this state.
• Any other factor in the best interests  of the child

• The ability of the parents to cooperate and make decisions jointly with 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, spousal 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 recommendations of the guardian ad litem of the child, if a GAL has been appointed 

The Court can terminate a Shared Parenting Plan that was jointly proposed by the parties upon the request of either party.  The Court may also terminate a jointly proposed plan whenever it determines that the plan does not serve the child’s best interests.

The Court can terminate a Shared Parenting Plan that was submitted and approved by one of the parties upon a finding that it does not serve the child’s best interests.

The Court further has jurisdiction to modify a Shared Parenting Plan based upon the best interests of the child.

Spousal Support – Spousal Support, formerly known in Ohio as alimony, can be awarded to either spouse, and is money paid for the support and maintenance of the other spouse.  Spousal Support can be paid in the form of real estate or personal property, or a lump sum of money, or money paid in installments.  Spousal Support can be for a certain length of time, or it can continue indefinitely until further order of the Court.  Spousal Support can terminate upon the occurrence of a specified event such as the remarriage of the recipient spouse, or the death of either party.  When the Court retains jurisdiction to modify spousal support it can do so only when there has been a material or substantial change in the circumstances of either party.

Section 3105.15 of the Ohio Revised Code instructs the Court to consider the following factors in determining whether Spousal Support is appropriate and reasonable:

• The relative earning abilities of the parties
• The ages, and the physical and emotional condition of the parties
•  Retirement Benefits
• Expectations and Inheritances 
• The duration of the marriage
• The extent to which custody and care of a minor child will interfere with a party seeking employment outside the home
• The standard of living established during the marriage
• The relative education of the parties
• The relative assets and liabilities of the parties
• Property brought to the marriage by either party
• The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party’s contribution to the acquisition of a professional degree of the other party
• The time and expense necessary for the spouse who is seeking Spousal Support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment
• The tax consequences for each party of an award of Spousal Support
• The lost income production capacity of either party that resulted from that party’s marital responsibilities
• Any other factor that the Court expressly finds to be relevant and equitable
  It should be noted that there is no precise formula for determining the amount that will be awarded.  The Court must use it’s judicial discretion and take into consideration the items mentioned in statute cited above.