Divorce

If negotiations between the spouses are unlikely to be fruitful or would prolong the case, then filing a complaint for divorce should be considered.

Reasons for Choosing Divorce over Dissolution:

• If the spouses are unable to negotiate and use reason to reach a settlement regarding division of property, childcare matters, and other issues.
• If the parties are extremely antagonistic.
• If the primary wage earning spouse has terminated financial support of the family.
• If there is concern that a spouse may be hiding or dissipating assets.
• If either spouse is unaware of the marital assets or debts.
• If there are threats of harm to either property or person.
• If a spouse is absent or otherwise unwilling to participate in the process.
• If a spouse needs immediate relief relating to custody/visitation issues.

Grounds for Divorce in Ohio:

The court may grant a divorce for the following causes:

• Either party had a husband or wife living at the time of the marriage from which the divorce is sought.
• Willful absence of the adverse party for one year.
• Adultery.
• Extreme cruelty.
• Fraudulent contract.
• Any gross neglect of duty.
• Habitual drunkenness.
• Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint.
• Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party.
• When husband and wife have, without interruption for one year, lived separate and apart with cohabitation.
• Incompatibility, unless denied by either party.

Typical Forms Prepared in a Divorce:

• Complaint for Divorce
• Motion for Restraining Order and Supporting Affidavit
• Restraining Order
• Financial Affidavit/Affidavit of Assets and Liabilities
• Motion for Temporary Orders and Supporting Affidavit
• Temporary Orders
• Certificate
• Instructions for Service
• Custody Affidavit (if children)
• Health Insurance Disclosure Affidavit (if children)
• Notice of Support Hearing (if children)
• Discovery Requests

Settlement Attempts:

The majority of family law cases are ultimately settled, even the most adversarial of divorce cases. It is the unusual case that actually goes to trial.

If a settlement is reached, an agreement will be drafted and signed by the spouses before it is presented to the court.

However, if the spouses are unable to reach an agreement regarding any issue concerning termination of the marriage, division of assets or debts, childcare issues, or any other matter, then a trial will be held and the ultimate decision will be made by the court.

Dissolution

For dissolution to be possible, the spouses must be able and willing to cooperate, and to exchange information regarding children, assets and debts. There must be some level of trust.

In dissolution, all negotiations occur between the spouses and their attorneys without the assistance of the court. The court doesn’t enter the picture until after negotiations are complete and all documents are prepared and signed.

After negotiations are complete and the documents are signed, the documents are then filed with the court. The final dissolution hearing takes place between 30 and 90 days after the documents are filed. At the final hearing, each spouse acknowledges under oath that he/she has voluntarily entered into the separation agreement that is attached to the petition for dissolution, that he/she is satisfied with its terms, and that he/she seeks dissolution of the marriage.

Reasons for Choosing Dissolution over Divorce:

• The dissolution process is faster than the divorce process.
• Dissolution is usually less expensive. Quite often, attorneys in dissolution cases are able to charge a flat rate.
• The dissolution is a more amicable, less adversarial process.
• In dissolution, the spouses make all of the important decisions about property division and childcare issues.

For these reasons, dissolution is generally the preferred way to finalize a marriage in Ohio. However, dissolution isn’t always possible. If the spouses are unable to communicate or exchange information, then dissolution may not be realistic. Also, if a client needs immediate relief from the court, then a divorce complaint will need to be filed. If one of the spouses is absent from the scene or is unwilling to negotiate, then a divorce will need to be commenced. This is also true if one spouse is concerned that the other spouse might be hiding assets. 

Typical Forms Prepared in Dissolution:

• Petition for Dissolution
• Waiver of Service
• Acknowledgment of Representation
• Financial Affidavit/Affidavit of Assets and Liabilities
• Custody Affidavit (if children)
• Health Insurance Disclosure Affidavit
• Separation Agreement
• Shared Parenting Plan (if children)
• Child Support Worksheet (if children)