FAQs


Do I need an attorney?

What is the difference between a dissolution and a divorce?

How is child support calculated?

Do I need a will?

Do I need to update my will?


Do I need an attorney?

In most situations, unless you have been declared incompetent, a person does have a constitutional right to represent themselves. Thus, the decision on whether or not you need an attorney is yours. In many cases the relevant area of law can be very complex as well as the Rules of Court. This information is normally foreign and difficult for people to understand. If you do choose to represent yourself "pro se," you are expected to be aware of all the relevant rules, law, and procedures. Many Courts are very helpful and many local libraries have very useful information. However, it still may be difficult to adequately protect your rights without an attorney.

What is the difference between a dissolution and a divorce?

A dissolution is an uncontested proceeding terminating a marriage. Because it is normally uncontested, the parties are required to reach an agreement on all of their issues (parenting time, division of assets, debts, child support, spousal support, etc.) In most cases, a dissolution is a shorter more economical proceeding. A divorce is a legal proceeding to terminate a marriage. Divorces normally begin as contested proceedings. However, the majority of divorce proceedings settle before going to trial. In a divorce, if the parties to do not settle, the Court will allocate the parties' parental rights and obligations as well as their assets, debts, and make orders regarding child support and/or spousal support (if applicable).

How is child support calculated?

The amount of child support in Ohio is designed to determine an amount that is in the "child's" best interest. In Ohio a child support obligation can be a complex calculation. The format of the guideline calculation is set forth in the Ohio Revised Code. The guidelines consider and are based upon the parents' incomes, and the expenses related to their child, (daycare, health insurance, etc.) In some cases a deviation from the guideline child support calculations may be appropriate if certain factors are present.

Do I need a will?

In Ohio a last will and testament is a document in writing properly executed by the Testator (person creating it) that contains the Testator's instructions, intent, and requests regarding their personal property, real property, choices for executor, and appointment of a guardian (if applicable). In most cases everyone needs a will. There is a common misperception that only wealthy or affluent people need a will. However, this is not the case. Most if not all people need a last will and testament if they have any thoughts or ideas about their estate and/or property. If you do not have a will, your estate could be administered without one and without the Probate Court being aware of what your thoughts and requests actually were.

Do I need to update my will?

The short answer is it depends. Wills and related estate planning documents do normally need to be periodically updated to make sure that they are still the correct document for your particular situation. If you think your will and/or estate documents may need to be updated, you should consult an attorney to have them reviewed.

Are you contemplating divorce? Choosing the right lawyer is your most important decision. For counsel that is compassionate and common sense, contact the Dublin family law lawyers at Gillespie Law, LLC, or call them at 614-602-6297.

*None of the information in this web site is intended for or to be in place of legal advice from an attorney. The information contained herein is only meant for general informational purposes only. If you have any issues in any of the Areas of Practice within this web site, you need to seek the advice of an attorney for your particular situation. Every individual and every situation in every area of law is unique and needs to be treated as such.