Cincinnati Divorce Lawyer

Brown Carrington, PLLC

Navigating Your Divorce With Compassion and Expertise

Welcome to Brown Carrington, PLLC, where your family’s well-being is our top priority. Led by the esteemed Samuel Patry, our team in Cincinnati, OH, specializes in handling divorce cases with the care, discretion, and legal acumen you deserve during this challenging time.

Samuel Patry: A Pillar of Strength in Trying Times

Samuel Patry stands at the forefront of divorce law in Cincinnati, bringing years of experience, a compassionate approach, and a proven track record to every case. His commitment to excellence and client well-being makes Brown Carrington, PLLC, the firm of choice for individuals navigating the complexities of divorce.

Ready to Stand by Your Side

If you’re facing a divorce, it’s crucial to have a legal team that not only understands the law but also understands you. At Barrow Brown Carrington, PLLC, we’re more than just your attorneys; we’re your advocates, your confidants, and your support system throughout this process.

Call (513) 334-3050 today to schedule a consultation with Samuel Patry and discover how we can help you move forward with confidence and peace of mind.

Samuel Patry

samuel patry

Brown Carrington, PLLC is proud to extend its trusted legal services to the Cincinnati community, offering compassionate and skilled representation in divorce and family law matters. With a strong focus on helping families navigate some of life’s most challenging transitions, our Cincinnati office is dedicated to providing comprehensive support tailored to the unique needs of each client in Cincinnati and the surrounding areas.

Our experienced attorneys are prepared to assist you with matters related to family law, including divorce, child custody and support, spousal maintenance, and asset division. We understand the emotional and financial complexities involved in these cases and strive to deliver clear guidance and effective solutions that prioritize your family’s well-being and long-term stability.

At Brown Carrington, PLLC, client-centered legal guidance is the cornerstone of our practice. Our Cincinnati divorce attorneys believes that every case deserves personalized attention, open communication, and a strategic approach designed to achieve the best possible outcome for you. Our Cincinnati Partner and family lawyer Samuel Patry will be committed to being with you at every step of the legal process with empathy, professionalism, and unwavering dedication.

Whether you are facing a contested divorce, seeking mediation, or need assistance with complex family law issues, our law firm is here to provide the experienced advocacy and compassionate support you deserve to get through this time with as little stress as possible. After all, your emotional and financial future is on the line.

Overview and Importance of Divorce Laws in Cincinnati, OH

Divorce laws in Cincinnati, Ohio, play a critical role in guiding couples through the legal termination of marriage while protecting the rights and interests of both parties and any children involved. Understanding these laws is essential for anyone facing divorce in Cincinnati, as they establish the framework for how issues such as property division, child custody, support, and spousal support are resolved.

Grounds for Divorce in Ohio

Ohio provides eleven (11) grounds for divorce. Of those eleven (11) grounds, the most commonly pleaded and agreed by the parties is the ground of “incompatibility”– that the parties have irreconcilable differences that go to the heart and core of their marriage. Incompatibility may not be denied by either party. In light of this fact, many litigants will also assert other grounds, including gross neglect of duty, extreme cruelty, adultery, or on the basis that the parties have been living separate and apart, without interruption, for one year.

Residency Requirements

Residency requirements must be met before filing for divorce in Cincinnati. The Plaintiff must have been a resident of Ohio for at least six (6) months immediately before the filing of the complaint. Additionally, under Ohio civil rules, one of the parties must have been a resident of the county where the divorce is filed for at least ninety (90) days immediately before the filing.and of the county where the divorce is filed for at least 90 days.

Equitable Distribution

One of the most significant aspects of Ohio divorce law is the principle of equitable distribution. Instead, courts divide assets and debts acquired during the marriage fairly, considering factors such as the length of the marriage, each spouse’s financial situation, contributions to the marriage, and the economic future of both parties. This approach aims to reach a just outcome that reflects the unique circumstances of the couple.

Ohio Courts divide property as follows:

1. The Court presumes that any property acquired during the marriage is Marital Property.

2. Any party making a claim that property is not marital, the burden of proof is on them to provide evidence that the property was: a) inherited by one spouse; b) property acquired by one spouse prior to the date of marriage (this means acquired and paid off); c) passive income and appreciation acquired from separate property by one spouse during the marriage; d) property acquired after a decree of legal separation; e) property subject to a valid antenuptial agreement; compensation for personal injury except for loss of marital earnings and compensation; or f) gift of property that is proved by clear and convincing evidence to have been given to only one spouse.

3. The Court will presume equitable division is equal.

4. Unequal division of marital property can occur, if: “financial misconduct” occurs. Financial misconduct includes, but is not limited to, the dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of assets. In those cases the court may compensate the offended spouse with a greater award of marital property. In those cases, the court may also award the offended spouse with a “distributive award” from the separate property of the spouse guilty of financial misconduct.

5. In making the above determinations, the Court must consider all of the following factors:

  • (A) The duration of the marriage;
  • (B) The assets and liabilities of the spouses;
  • (C) The desirability of awarding the family home, or the right to reside in the family home for reasonable periods of time, to the spouse with custody of the children of the marriage;
  • (D) The liquidity of the property to be distributed;
  • (E) The economic desirability of retaining intact an asset or an interest in an asset;
  • (F) The tax consequences of the property division upon the respective awards to be made to each spouse;
  • (G) The costs of sale, if it is necessary that an asset;
  • H) Any division or disbursement of property made in a separation agreement that was voluntarily entered into by the spouses;
  • (I) Any retirement benefits of the spouses, excluding the social security benefits of a spouse except as may be relevant for purposes of dividing a public pension;
  • (J) Any other factor that the court expressly finds to be relevant and equitable.

Allocation of Parental Rights and Responsibilities in Ohio (Child Custody and Child Support)

In actions of divorce, legal separation, or annulment, Ohio Courts may elect to award the parties “Shared Parenting” (often referred to as joint custody or joint decision making), or designate that parent as the residential parent and the legal custodian of the child (often referred to as “sole custody”, “legal custodian”, or “residential parent”. Parents who are awarded Shared Parenting make joint legal decisions related to their children, including schooling, medical decisions, and more.

In instances when one parent is designated the residential parent and legal custodian of their child or children, the parent with such designation is able to make those legal decisions on their own.

While shared parenting requires joint decision making, it may not necessarily require the parents to have equal parenting time. Likewise, a parent designated the residential parent and legal custodian may share equal parenting time with the other parent.

In determining whether shared parenting is in the best interest of children, courts will look to both the “Best Interest Factors” and the “Shared Parenting Factors”. While these are specified in Ohio law, they can be summarized as follows.

Best interest factors:

  • Parents’ Preferences: Each parent’s wishes regarding their child’s care and upbringing.
  • Child’s Preferences: If the child has been interviewed by the judge, the child’s wishes and concerns will be considered, depending on their maturity.
  • Relationships: The quality of the child’s relationship with parents, siblings, and others who significantly impact the child’s well-being.
  • Stability and Adjustment: How well the child is adjusted to their current home, school, and community environment.
  • Health: The mental and physical health of the child, parents, and any other individuals involved.
  • Support for Parenting Time: Which parent is more likely to honor and facilitate court-ordered parenting time or visitation.
  • Child Support Compliance: Whether either parent has failed to pay court-ordered child support or owes arrearages.
  • Safety Concerns: Whether either parent, or someone in their household, has a history of abuse, neglect, domestic violence, or other serious criminal offenses involving family members or children.
  • Denial of Parenting Time: Whether a parent has willfully denied the other parent court-ordered parenting time.
  • Relocation: Whether either parent has moved or plans to move out of state.

Shared parenting factors:

  • (a) The ability of the parents to cooperate and make decisions jointly, with respect to the children;
  • (b) The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent;
  • (c) Any history of, or potential for, child abuse, spouse abuse, other domestic violence, or parental kidnapping by either parent;
  • (d) The geographic proximity of the parents to each other, as the proximity relates to the practical considerations of shared parenting;
  • (e) The recommendation of the guardian ad litem of the child, if the child has a guardian ad litem.

Child Support in Ohio

Ohio uses a mathematical formula to determine child support. The formula is based on the income of the parents and other factors, such as amounts spent providing health insurance, work-related childcare, and the allocation of parenting time.

While the resulting amount of the mathematical formula are presumed to be in the best interest of the child or children, there are certain instances where a judge may deviate from the child support computation amount if after considering certain factors, the jude determines the amount would be be unjust or inappropriate and therefore not be in the best interest of the child.

Spousal Support

Spousal support is another important element governed by Ohio law (Ohio Revised Code Section). Support may be awarded temporarily – during the pendency of your case, or reasonable spousal support may be awarded as part of the decree of a divorce, or legal separation in an amount and for a time that the court deems reasonable and appropriate after weighing specific factors. These include, among a total of fourteen factors, the duration of the marriage, the earning abilities of the parties, the standard of living established during the marriage, retirement benefits, health of the parties (mental and physical), and contributions of each party towards the other’s earning ability.

Hamilton County Domestic Relations Court

In Cincinnati, local family courts follow these state laws while also considering county-specific procedures and resources. The Hamilton County Domestic Relations Court handles divorce filings and related family law matters, offering mediation and parenting classes to assist families through the process.

Navigating divorce laws in Cincinnati can be complex, especially when dealing with contested issues or significant assets. Consulting an experienced family law attorney familiar with Ohio law and Hamilton County local rules and procedures is crucial to protect your rights and achieve a fair resolution. Understanding the legal framework empowers individuals to make informed decisions during an emotionally difficult time and helps ensure that outcomes serve the best interests of all involved.

Family Law Services Offered by Brown Carrington, PLLC

Divorce Proceedings

Brown Carrington, PLLC offers comprehensive legal representation throughout every stage of divorce proceedings in Cincinnati. Whether your case involves an uncontested divorce or a complex, contested matter, our skilled attorneys are dedicated to protecting your rights and guiding you through the process with clarity and confidence. They handle all aspects of divorce, from the initial filing to negotiation, mediation, and, if necessary, litigation to ensure your interests are fully represented.

Child Custody and Support

The firm places a strong emphasis on safeguarding the best interests of children in every family law case. Brown Carrington, PLLC assists clients in navigating the sensitive issues of child custody, parenting time, and child support, striving to create arrangements that promote stability and meaningful parental involvement. Our attorneys work diligently to develop parenting plans that reflect the unique needs of each family, while also ensuring that support obligations are fair and consistent with Ohio’s guidelines.

We know that circumstances change over time that may affect support needs or the ability to pay them. We can be brought in after a divorce or custody matter to request a change in support obligations.

Spousal Support (“Alimony”)

We are here to provide expert guidance on divorce cases that include spousal support, sometimes referred to as alimony, helping clients understand their rights and obligations under Ohio law. Whether seeking to obtain or modify spousal support, our firm’s attorneys analyze factors such as the length of the marriage, financial disparities, and each spouse’s future earning ability. Our goal is to secure a fair and sustainable support arrangement that considers both parties’ circumstances.

Property Division

Recognizing that the division of marital property can be one of the most contentious aspects of divorce, Brown Carrington, PLLC approaches asset division with thoroughness and strategic insight. Our firm assists clients in identifying, valuing, and equitably distributing assets and debts acquired during the marriage. While we strive for mutually agreeable terms, our attorneys advocate for a fair resolution that protects your financial interests while complying with Ohio’s equitable distribution laws.

Process of Hiring a Divorce Lawyer

Hiring a divorce lawyer is a significant step that can provide clarity, support, and protection during what is often an emotionally and legally complex time. Understanding the process of hiring a divorce attorney can help you feel more confident and prepared as you begin this journey.

The first step typically involves scheduling an initial consultation with a prospective divorce lawyer. During this meeting, you will have the opportunity to discuss your situation, outline your goals, and ask questions about the divorce process. It’s important to come prepared with relevant information such as financial documents, marriage history, and any concerns about child custody or support. This initial consultation also allows you to assess whether the lawyer’s experience, communication style, and approach align with your needs.

Once you move forward, your attorney will begin by thoroughly reviewing the details of your case. They will explain your legal rights and options, helping you understand the potential outcomes and the steps involved. Your lawyer will also outline the strategy tailored to your circumstances, whether that involves negotiation, mediation, or litigation for complex cases.

Communication is a key part of the attorney-client relationship. A good divorce lawyer will keep you informed at every stage, promptly returning calls and emails, and explaining complex legal terms in plain language. Your lawyer will guide you through paperwork, filings, and court appearances, ensuring all deadlines are met and your interests are effectively represented.

In many cases, your divorce lawyer will work to resolve matters without court involvement through negotiation or mediation. A mutual agreement, with the help of a professional mediator, will save time and reduce stress. However, if your case requires litigation, your attorney will prepare you for court proceedings, advocate on your behalf, and strive to achieve the best possible outcome.

Throughout the process, your lawyer will help you manage difficult decisions related to child custody, support, spousal maintenance, and property division. Our role is not only to provide legal expertise but also to offer compassionate guidance, recognizing the emotional impact divorce can have on individuals and families.

Ultimately, hiring a divorce lawyer from a firm like Brown Carrington, PLLC means gaining a trusted partner committed to protecting your rights and helping you move forward with confidence. By understanding what to expect, you can approach the divorce process with greater peace of mind and clarity.

Common Questions About Divorce Law in Cincinnati

How long does it take to finalize a divorce in Cincinnati?

The total time can vary depending on the complexity of the case, whether the divorce is contested or uncontested, and the court’s schedule. Simple, uncontested divorces may be resolved within a few months, while contested cases involving disputes over custody, support, or property division can take much longer.

What is the difference between legal separation and divorce in Ohio?

Legal separation allows spouses to live apart and formalize agreements on issues like child custody and support without ending the marriage. Divorce legally terminates the marriage, allowing both parties to remarry if they choose. Some couples opt for legal separation for personal or religious reasons or to maintain certain benefits while living separately.

How is child custody determined in Cincinnati?

Child custody decisions in Cincinnati are based on the best interests of the child. Courts consider factors such as the child’s relationship with each parent, the mental and physical health of the parents, the child’s adjustment to home and school, and any history of abuse or neglect. Custody can be awarded as sole or shared legal and physical custody, depending on what arrangement best supports the child’s welfare.

How is child support calculated in Ohio?

Ohio uses a guideline formula to calculate child support, which accounts for both parents’ incomes, the number of children, and the amount of parenting time each parent has. The goal is to ensure that children receive consistent financial support proportional to the parents’ ability to pay. Child support orders can be modified if there is a significant change in circumstances.

What factors does the court consider when awarding spousal support?

When deciding on spousal support, Cincinnati courts evaluate factors such as the length of the marriage, the standard of living during the marriage, each spouse’s income and earning ability, age and health, and contributions to the marriage (including homemaking and child care). The court aims to award support that is fair and helps the recipient spouse transition to financial independence when possible.

The Role of Mediation and Settlements

Mediation plays a vital role in resolving divorce disputes by providing an alternative to traditional court litigation. It is a voluntary, confidential process where a neutral third party-the mediator-facilitates constructive communication between spouses to help them reach mutually acceptable agreements on key issues such as custody, support, spousal maintenance, and property division.

One of the primary benefits of mediation is that it encourages collaboration rather than confrontation. Unlike a judge who imposes decisions, a mediator helps both parties explore their interests and priorities, fostering solutions that work for everyone involved. This collaborative approach often leads to faster resolutions, lower costs, and less emotional stress compared to courtroom battles.

Mediation also allows couples to maintain greater control over the outcome of their divorce. Because agreements are crafted jointly, they tend to be more flexible and tailored to the unique needs of the family. This can result in more durable and satisfactory settlements, reducing the likelihood of future disputes.

Settlements reached through mediation can be formalized into legally binding agreements and submitted to the court for approval. When successfully negotiated, these settlements avoid the unpredictability of trial and help preserve respectful communication, which is especially important when children are involved.

Turn to the Trusted Experts at Brown Carrington, PLLC

At Brown Carrington, PLLC, our commitment to excellence is rooted in a client-centric approach that places your needs, goals, and well-being at the forefront of everything we do. We understand that family law matters are deeply personal and often emotionally challenging. That’s why we prioritize open communication, empathy, and personalized attention to ensure you feel supported and informed throughout the legal process. Our attorneys take the time to listen carefully, answer your questions thoroughly, and tailor legal strategies that align with your unique circumstances and objectives.

Perhaps most importantly, Brown Carrington, PLLC boasts a proven track record of achieving successful outcomes for our clients. Over the years, our attorneys have helped many families in Cincinnati, Denver, and beyond resolve their legal challenges with fairness and dignity. Our reputation for thorough preparation, strong negotiation, and assertive courtroom advocacy has earned the trust of clients and peers alike. We measure our success not only by the results we obtain but also by the positive impact we have on our clients’ lives. When you choose Brown Carrington, PLLC, you gain a dedicated partner committed to protecting your rights and guiding you toward a brighter future.

Contact Us for aConsultation Regarding Your Divorce

If you are facing a divorce or any family law matter, don’t navigate this challenging time alone. At Brown Carrington, PLLC, we are here to provide the experienced, compassionate legal support you need to protect your rights and secure your family’s future. We invite you to contact us today to schedule a consultation. This no-obligation meeting is an opportunity to discuss your unique situation, ask questions, and learn how our dedicated team can help you achieve the best possible outcome.

With Brown Carrington, PLLC by your side, you’ll have trusted advocates who listen, understand, and fight for your interests every step of the way. Take the first step toward clarity and peace of mind – reach out now and let us help you move forward with confidence.

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See What FORMER CLIENTS Have to Say

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Sam has been and continues to be an incredibly helpful and reliable resource as I continue to go through one of the most stressful events of my life. His knowledge of the law and experience combine to be not only the most powerful tool in my arsenal but a complete confidence builder in helping me know I'm doing the best I can possibly do for my kids and myself. I have worked with other attorneys, and there is no comparison. I fully recommend Sam Patry if you want someone who truly cares and will put serious effort and time into improving your situation.
R. R.
Client
Sam Patry… is an amazing attorney. He works with you, responds immediately, and keeps you updated on your case. He is super intelligent and thinks about every possible scenario. Thank you Sam!
M. S.
Client
My experience with Sam…was great and I could not possibly ask for a better attorney to fight for my rights as a father. No amount of thanks could possibly describe how grateful i am for what you did for me and my son. I wish i could go into detail about things but i can't for legal reasons, but wrecking ball and freight train on my side is an understatement. I just wish i could thank you enough, but there is no way to put value on keeping a father/mother and son together equally like you have. Thank you so so much.
C. C.
Client

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