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Terms Used In Divorce & Custody Cases - Common Sense Definitions

Common Sense Legal Definitions for Dissolution/Divorce in Northern Kentucky and Ohio

Divorce in Ohio - filed in Ohio when the parties do not agree on all terms.  The parties may be in disagreement on any single or all issues.  Ohio is still considered an "at fault" divorce state, wherein one party must prove fault to be granted a divorce.  Basis for fault include: habitual drunkenness, gross neglect of duty, willful absence > 1 year, adultery, extreme cruelty, imprisonment or most commonly incompatibility. Dissolution in Ohio, means a divorce whereby the parties agree on all of the terms of the divorce (division of assets, custody, support, spousal support, etc). In Kentucky, synonymous with divorce. Kentucky is a "no fault" divorce state. Divorce/Dissolution in Kentucky - AKA No Fault - the parties are entitled to a dissolution without reference to reasons for the marriage to terminate. Typically, parties cannot introduce evidence of infidelity, financial mismanagement, adultery, abuse, neglect, abandonment and the like. These issues are sometimes relevant to child custody and possibly with respect to spousal support. EPO/DVO - Emergency Protective Order/Domestic Violence Order. The EPO is entered based on single affidavit and can last up to 14 days. The DVO is entered after service and hearing on the matter and can last up to 3 years (5 years in Ohio). There must be an act of violence or abuse or threats of actual physical violence or threat of bodily harm or death. Joint Custody in Northern Kentucky - preferred in Kentucky courts.  Literally means that both parties shall attempt to make joint decisions regarding the rearing of their children. Joint custody decisions typically entail schooling, religion, medical treatment and major activities. Joint custody does not necessarily have anything to do with parenting time. Shared Parenting in Ohio - term used primarily in Ohio but gaining acceptance in Kentucky. Typically used to show an equal amount of parenting time with both parents. Co-Parenting Term to describe how joint custody (KY) or shared parenting (OH) is supposed to work.  This term means that the parties work together to make decisions affecting the child(ren). Maintenance - Kentucky term used to describe spousal support. Also commonly referred to as alimony. QDRO - Qualified Domestic Relations Order. The QDRO is used to divide pensions and other types of retirement and company savings accounts. Quit-Claim Deed - the deed used to transfer real estate without the typical guarantees by the grantor. Typically used in the transfer of real estate through a divorce/dissolution.

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