Robert C. Kokor
Hubbard, OH 44425
fax. 330-448-1133
- DUI / DWI
- Child Custody
- Criminal Law - State
- Divorce
- Ashtabula
- Columbiana
- Geauga
- Mahoning
- Portage
- Trumbull
www.warren-dui-lawyer.com
www.girardduilawyer.com
www.girarddivorceattorney.com
www.cortlandduiattorney.com
www.cortlanddivorceattorney.com
www.brookfieldduilawyer.com
www.brookfielddivo
P.O. Box 236
Brookfield OH, 44403
330-448-1133
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Get a FREE case evaluation from Divorce Lawyer Robert C. Kokor in Brookfield, OH by calling 330-448-1133 today!
Residency Requirements and Grounds for Divorce
You or your spouse must be a Ohio resident for six months to file for divorce, also called "dissolution." You don't need a specific reason or grounds to divorce. You only need to state in the divorce papers that irreconcilable differences caused a marriage breakdown. A Ohio court can end a marriage if the couple submits a joint stipulation or written agreement. If you have a minor child, or you don't agree to divorcing, the court can order marriage counseling for up to three months before going ahead with the case.
Your divorce case starts when you file a "Petition for Dissolution of Marriage" with the Family Department of the local Circuit Court. Your spouse is served with the paperwork and has time to respond. The divorce can be finalized without a trial if you agree on property, child custody and support issues. Once the petition is filed, either spouse can ask the court to order temporary assistance. This includes temporary child custody and support, and paying community debts.
Dividing the Property
Ohio law provides that "marital assets," or the property and debts acquired during marriage, are divided equitably upon divorce. Fair division may not mean an equal division; it varies by case. Judges look at factors listed in Ohio law. Examples include contributions to homemaking and marriage length. A Ohio court may consider whether one spouse has a special reason to keep an asset, such as business property or the family home.
"Non-marital assets" include assets you had before marriage if you kept it separate, and income from separate property investments. Be prepared with information on your property, including when you purchased it, an estimate of value, and details such as account numbers, serial numbers and so forth. You'll be ready to meet with a Ohio divorce lawyer and it can save you a lot of time and money.
Alimony
A Ohio court can order alimony or maintenance when it is "well-founded." A court will generally consider such factors as marriage duration, assets available to each spouse and the standard of living during the marriage.
A Ohio court can order temporary alimony while the divorce is pending. Most maintenance is ordered for a specific length of time. Once ordered, you'll need to show a " change in circumstances" to modify support.
Child Custody and Visitation
In changes to state law introduced some different concepts and terms to describe child custody and visitation. The parent-child relationship is governed by a parenting plan. Instead of referring to "custody," parents have "timesharing schedules." Parents can agree on arrangements, with court approval. If parents can't agree on a plan, or the court rejects it, the court will decide, guided by the best interest of the child.
The Ohio court may give one parent final say over specific aspects of a child's welfare, such as primary residence, education, or health care. In deciding on the primary residence for a child, the court considers a number of factors, not limited to those listed in state law. These include which parent is more likely to support the child's relationship with the other parent, parental fitness, permanence of the custodial home and school and community life.
Parents are bound by these plans once filed with the court clerk. If you are denied court-ordered access to a child, you can ask the court for help. The judge may decide to modify your child's plans or order relief to encourage compliance, such as directing a parent to follow the plan or pay costs resulting from failure to do so.
Child Support
In Ohio, child support is based on parents' combined income and the number of children they support. If necessary, a court can set aside a portion of joint or separate assets of the parties in a separate trust or fund for the support and education for the parties' children.
A Ohio child support order can be modified if there has been a change in circumstances. Examples include:
- A big increase or decrease in either parent's income
- A significant change in the timesharing schedule
- A substantial change in the child's financial needs, such as medical or educational expenses
If you need a Divorce Lawyer in Ashtabula, Columbiana, Geauga, Mahoning, or Portage county contact Lawyer Robert C. Kokor in Brookfield, OH by calling 330-448-1133 to set up your free initial consultation.
Back to TopBrookfield Ohio OVI Lawyer Robert C. Kokor
CALL NOW FOR A FREE CASE EVALUATION
(330) 448-1133
Brookfield Ohio OVI Lawyer
Robert C. Kokor
P.O. Box 236
Brookfield, OH 44403
COMMONLY ASKED QUESTIONS AND ANSWERS
- TYPE OF CASES OUR FIRM HANDLES
I handle many types of cases to bench and jury trials including DUI, Criminal and Traffic.
- WE THINK YOU SHOULD HIRE US IF:
You want a lawyer who will personally handle your file and will be available for consultation afternoons, evenings and weekends. I will fairly evaluate your case and determine the most favorable course. I will not hesitate to go to trial on your case; that decision, however, will ultimately be yours.
- OUR FIRM IS NOT RIGHT FOR YOU IF:
You are looking for a lawyer who will only tell you what you want to hear. I will work with you to honestly assess the facts of the case.
- IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:
I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (330) 448-1133.
- THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:
The cost varies depending on the allegation and facts of the case. A fee will be quotecd at our initial consultation.
- OUR CLIENTS WILL TELL YOU THAT:
My level of experience, knowledge of the law, and personal familiarity with the judges, prosecutors, and system is a great advantage. In addition my personal and regular contact with clients, availability and involvement with every aspect of the case bring the most favorable results.
- OUR PHILOSOPHY ON HOW WE APPROACH OUR CASES IS:
Depending on the type of case I like to find out as much as I can about the facts of the case and talk to anyone who can help our defense. At that time we can discuss our options. The stronger our defense appears to the prosecutor, the better our chances are of getting a favorable result.
- IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD:
During our free initial consultation I will answer any questions. Please call (330) 448-1133.
Ohio DUI Law Highlights: BAC Levels and Implied Consent (Table 1)
| State | "Per Se" BAC Level | "Zero Tolerance" BAC Level | Enhanced Penalty BAC Level | "Implied Consent" Law |
| Ohio | .08 | .02 | .17 | Yes |
DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.
"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.
Ohio DUI Law Highlights: Selected Penalties (Table 2)
| State | Administrative License Suspension/Revocation (1st/2nd/3rd Offense) | Mandatory Alcohol Education and Treatment/Assessment | Vehicle Confiscation Possible? | Ignition Interlock Device Possible? |
| Ohio | 6m/ 1y/ 1y | Treatment/ Assessment - 3rd off. | 4th offense | Yes |
Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.
Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.
Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.
