COLUMBUS, OHIO DIVORCE AND DISSOLUTION ATTORNEY
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Columbus Ohio Divorce and Dissolution Attorney

In a contested divorce case the issues cannot be resolved between the parties and the case needs to be heard by a judge after the proper discovery and depositions of the parties and witnesses has taken place. At your initial consultation, Attorney Mario R. Napolet will meet with you and discuss the facts, circumstances and issues involved in your divorce case. After proper consultation, Mario will advise on the best course of action considering the law and the best interest of yourself and more importantly your children, as well as your goals and objectives in pursuing your case.

Napolet Law Group, Ltd. provides aggressive, knowledgeable, honest and compassionate representation. Attorney Mario Napolet practices in the Columbus and surrounding jurisdictions in central Ohio. Arrange for a free telephone consultation today!

Just get in touch here to request a FREE consultation. We look forward to helping you with the best in legal services.

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See what our clients have to say!

“Mario represented me during a very emotional and trying time in my life. Mario is knowledgeable, compassionate and aggressive. When you work with Mario, you know he truly cares about the outcome of your case. Mario is the real deal.”

L.C.

“I have found Mario Napolet to be a very honest, sincere man. As a lawyer he is an aggressive, detailed oriented, results driven, pro-active lawyer. He stays on top of every little detail. He stays in communication with you and you are never left wondering what is happening. He is easily accessible by phone, email or in person. I had a very unusual, complicated, difficult custody battle and he was proven to be a valuable asset. Not all lawyers would have taken my case on, but he did and I’m very grateful and fortunate that he did.”

J. JACKSON

Attorney Napolet is a true courtroom veteran. Utilizing his services twice resulted in a reduction of charges in both cases. I have not and will not hesitate in referring him to others. Case closed!"

H. JOSEPH

“I can’t say enough about how wonderful Mario was handling my divorce! He got me a good deal and was always available when I needed to talk or have a question. He was encouraging to me when I was feeling defeated. My ex made things as difficult as he could, but Mario kept me afloat. I loved working with him and we still stay in touch. I highly recommend him!”

Christine Z.

Dissolutions and Uncontested Divorces

In an uncontested divorce or dissolution, the parties agree on all of the issues including child custody, child support, parenting time and division of assets and debts. Attorney Mario Napolet has expansive knowledge in mediation and dispute resolution and at times for some clients, dissolution can be a cost- efficient way to terminate their marriage.

In most cases, in an uncontested divorce, Napolet Law can file a Motion to Appoint a Private Judge for clients to avoid ever going to court to finalize the divorce, which then permits the clients to finalize the divorce at Napolet Law offices between and amongst themselves. There is an additional fee for a private judge.

Napolet Law offers flat fee pricing on limited scope representation matters to prepare the divorce paperwork only and the client appears at their own hearing. Please call for details and pricing.

Child Custody, Modification of Child Custody or Termination of Shared Parenting.

The allocation of parental rights and responsibilities relates to legal and residential custody of your children or child. Sole custody of children to one parent provides that parent with legal and residential custody and is warranted in some circumstances. Parenting time for the nonresidential parent must be addressed as well. Child support will be determined pursuant to the Ohio Child Support Guidelines.

In a shared parenting situation, both parents can be awarded legal and residential custody and both parents make decisions jointly in the best interests of the children or child. Parents can also amicably decide the schedule with each parent and the child or children and this way the parents’ employment schedules can be considered in formulating the Shared Parenting Plan. Shared parenting must be shown to be in the best interests of the child or children.

In certain cases child custody can be modified and shared parenting can be terminated in the event there is a change in circumstances and the best interests of the children warrant a shift or modification of custody or termination of shared parenting.

These are legal terms of art and you need an experienced attorney to determine if such facts exist in your particular case to warrant the filing of a Motion to Modify Custody and Parenting Time or to Terminate Shared Parenting.

Child Support and Post Decree Child Support Modification

The whole rationale and public policy behind statutory child support in Ohio is to equalize the incomes of the parents’ respective households. Napolet Law will discuss your goals and objectives for both you and your children regarding the financial welfare of your child or children on a moving forward basis.

Nontaxable child support is payable and calculated using the Ohio Child Support Guidelines software which considers various factors including but not limited to, the income of the parties, health insurance premiums, childcare costs for both parents and the number of children as well.

Child support orders are payable until the child reaches 18 years old or graduates from high school, whichever occurs last. The order may continue until age 19 if a child is still attending high school full time. Child support may continue beyond age 18 as well if the child is under a medical disability as outlined in the Ohio Revised Code.

In Ohio, child support is modifiable subsequent to a divorce case when there is a material change in financial circumstances which warrant a modification of the child support amount based upon the incomes of the parties at the time of the divorce and the income of the parties subsequent to the divorce if a significant change has occurred.

Grandparents and Third Party Custody

I have represented grandparents and other relatives seeking custody of minor children who are seeking to protect the best interests of a baby, teenager or child within their family. I have also represented grandparents seeking visitation rights with their grandchildren.

In certain circumstances, where a parent is unfit or absent, family members or other third parties may file a petition in juvenile court seeking custody of the child or children. In Ohio the court requires proof that the biological parent is unfit, has abandoned the child, child abuse, child neglect, mental illness or other dangers to the child or children exist warranting that a third party or relative should be awarded custody.

I have also defended biological parents from grandparents or third parties from pursuing custody when it is not warranted in certain factual cases.

Spousal Support / Modification of Spousal Support / Termination or Spousal Support

In Ohio, the most contested and complex issue to be decided by the court is an award of spousal support from one spouse to another. The reason that this issue is so complex is that there is no statutory formula to calculate spousal support (unlike child support) and the decision is within the sound discretion of the trial court.

In Ohio there are statutory factors that guide the trial court to determine whether spousal support is appropriate. Some of the statutory factors include, the relative earning ability of the parties, the ages and physical, mental and emotional condition of the parties, the retirement benefits of the parties, the duration of the marriage, the extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home, the standard of living of the parties established during the marriage, the relative extent of education of the parties, the relative assets and liabilities of the parties including but not limited to any court-ordered payments by the parties, 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, provided the education training, or job experience is, in fact sought, the tax consequences, for each party, of an award of alimony, the lost income production capacity of either party that resulted from that party’s marital responsibilities, any other factor the court expressly finds to be relevant and equitable.

 

To see the entire Ohio Revised Code section dealing with spousal support you can click here.

 

As outlined above there are general guidelines for the court to use in deciding spousal support, however the best weapon in pursuing or defending against spousal support is an experienced and aggressive attorney who has two decades of experience in litigating the complex issue of spousal support.

Spousal support may be awarded on a temporary or permanent basis depending upon the court’s analysis of the above factors as well as applying those factors to the facts of your specific case.

In Ohio, subsequent to an award of spousal support, that award may be modified based upon a material change in financial circumstances of the parties or terminated when the party receiving the spousal support is cohabiting with a significant other, which involves proving by a preponderance of the evidence amongst other factors, an actual living together for a sustained duration, sharing living expenses and holding themselves out socially as a couple. These termination cases are highly factually intensive and Napolet Law can provide guidance and aggressive representation in pursuing these Motions to Terminate Spousal Support.

Civil Protection Orders (CPO's) and Civil Stalking Protection Orders (CSPO's)

I have an immense amount of experience in representing women who have been physically assaulted by their husbands and significant others in pursuing Domestic Violence Civil Protection Orders, as well as defending those falsely accused of Domestic Violence and defending the Civil Protection Orders against them.

In either scenario, you need the aggressive representation from Napolet Law as these filings can also be used tactically at the commencement of divorce proceedings to attempt to define the parameters of the divorce case, as one seeking and filing the petition can also request temporary custody of children, possession of the home, as well as child and spousal support.

The Civil Protection Order can also have a serious and negative effect on one falsely accused of domestic violence as their ability to carry or own firearms are negated and they are entered into a nationwide criminal database as a result of the granting of the Civil Protection Order.

The standard of proof in a CPO is that the court needs to find that the petitioner or petitioner’s family or household members are in danger of or have been a victim of domestic violence or sexually oriented offenses as defined by RC 3113.31(A) committed by the Respondent; and the order would be fair, equitable and necessary to protect the persons named in the order from domestic violence.

In Ohio, persons who allege that another person is engaging in a pattern of conduct knowingly attempting to cause another to believe that they are in danger of physical harm or mental distress by that party may file a Civil Stalking Protection Order. (CSPO) These are generally filed by unrelated persons, but have basically the same effect on persons falsely accused as outlined above in the CPO scenario. These are very serious cases and may have lasting effects on a person’s record and employment on a moving forward basis.

Adult and Juvenile Criminal Defense Attorney

I began my career in Las Vegas, Nevada working with a highly respected and nationally renowned criminal defense attorney. I had the honor and luxury of being involved in some very highly publicized criminal cases that received national exposure. I learned a great deal from mentor, Attorney John J. Momot. A little bit of trivia; John had a cameo role in the hit movie, “Casino,” where he actually played himself in a Las Vegas courtroom. John remains a friend of mine to this day. I credit John with all that I learned in representing persons accused of criminal violations.

When your freedom and record is at stake and you are being prosecuted you need to put an experienced fighter in your corner. In this day and age, it is becoming more and more frightening from a constitutional perspective that persons accused of crimes are guilty until proven innocent, instead of the other way around—which is the law.

Napolet Law provides criminal defense for the following criminal violations:

  • Domestic Violence
  • OVI
  • Possession of Drugs
  • Theft Offenses
  • Violations of CPOs and CSPOs

Juvenile Criminal Defense Attorney

This is the most difficult time for our teens and children growing up in this day and age of social media, peer pressure as a result, cyberbullying with opiates and drugs flooding our children’s school systems.

At Napolet Law we are here to provide guidance and representation to your teen if they become jammed up in the juvenile system by way of the school truancy officer or through actual police contact. It is imperative to retain Napolet Law for your child to attempt to avoid lasting effects for their criminal record and potential adverse repercussions on your child’s employment or educational opportunities.

Napolet Law provides representation for the following juvenile criminal offenses:

  • Juvenile Traffic Offenses
  • Underage Operating a Vehicle under the Influence (UOVI)
  • Minor in Possession of Alcohol
  • Juvenile Drug Crimes
  • Juvenile Theft
  • Juvenile Vandalism

At Napolet Law we work diligently to guide and protect your child as they navigate the juvenile system and where appropriate and eligible, advocate for diversion programs versus detention in the Ohio Department of Youth Services.

In Ohio, the Adjudicatory Hearing in juvenile cases is akin to an adult criminal trial and the dispositional hearing is akin to an adult sentencing hearing.

The system in Ohio is more rehabilitative in nature, however the possible dispositions for your child for misdemeanor and felony offenses, include but are not limited to the following:

  • 90 days sentence to a detention facility
  • Reprimand from the Judge or Magistrate
  • Unsupervised Probation
  • Supervised Probation, with probation officer, terms, and conditions
  • Placement in a residential facility
  • Placement in a community program

Possible Dispositions only applying to Felonies:

  • Ordering a child to serve time in a community correctional facility; or
  • Committing a child to the Ohio Department of Youth Services (DYS)

When your freedom and record is at stake and you are being prosecuted you need to put an experienced fighter in your corner. In this day and age, it is becoming more and more frightening from a constitutional perspective that persons accused of crimes are guilty until proven innocent, instead of the other way around—which is the law.

Napolet Law provides criminal defense for the following criminal violations:

  • Domestic Violence
  • OVI
  • Possession of Drugs
  • Theft Offenses
  • Violations of CPOs and CSPOs

Ohio Business and Corporate Attorney

I’ve been involved in running two small businesses and Limited Liability Companies in both Nevada and Ohio since 2001. I have an immense amount of experience in assisting clients with their small business incorporation needs. I can assist you with buying a new business or franchise, or help you sell your existing business.

I’m aligned with highly trained professionals to assist with business evaluations, forensic accounting and closing agents to take you to the finish line in buying your dream business, or to just acquire the assets of an existing business. I can assist in contract negotiations as far as asset and purchase agreements to new leases for your business. I will advise you as far as the pitfalls and liabilities of purchasing ongoing concerns and the financial liabilities that may be hidden in the details of the contract. Remember, the devil is always in the details.

Napolet Law provides the following business related services:

  • Limited Liability Articles of Incorporation
  • Operating Agreements
  • Secretary of State Filings
  • Asset Purchase Agreements
  • Notice of Intent
  • Bills of Sale
  • Business Closings