Filing for divorce is a stressful and emotional process. Many couples quickly become overwhelmed trying to navigate the process and aren’t sure of the steps involved, let alone how to proceed through them while protecting themselves. Before filing for divorce, taking time to understand the process can make the situation far less overwhelming.
A legal separation is different from a divorce. Both are allowed in Ohio. While in some states a legal separation is a precursor to filing for divorce, it is not a required step in Ohio. A couple wishing to end their marriage can proceed directly to the divorce proceedings.
Whether or not both spouses agree to the divorce initially, one spouse will begin the process of divorce by filing the divorce petition which asks the court to terminate the marriage. This document will include a statement that informs the court that at least one spouse resides in the state, the legal grounds for divorce, and any other relevant information. A no-fault divorce is available in all states and is a more streamlined process that will not place blame on either spouse and usually refers to irreconcilable differences or incompatibility. Placing fault on one party (due to adultery, neglect, or other situations) is not always available and can extend the process. If you aren’t sure what to do in this situation, an attorney can help guide you through your specific situation.
The time involved in filing for divorce and reaching the final dissolution of your marriage can take several months, and not every couple can get through the waiting period without a temporary order. After filing for divorce, a judge can issue a temporary order for child custody, child support, and spousal support. The temporary order is usually granted quickly after a brief hearing. Not only will it provide the necessary support, but it will protect both spouses from any mishandling of marital property, assets, or debts during the process.
One spouse will initiate the filing process, and the other spouse will be served with the paperwork separately and will need to file a response. If you don’t serve your spouse, the judge cannot proceed with the case. If both spouses have agreed to the process, this can be easy and straightforward. However, there are cases when one spouse wants to make the process complicated, either because they want to stay married or simply don’t want the dissolution of the marriage to be easy.
Discovery is when the spouses and their attorneys gather the relevant information necessary to determine the settlement. This can include disclosures, interrogatories, admission of fact, request for production, and depositions. Spouses will need to work together to determine important decisions such as child custody, child and spousal support, and property division. Ideally, the negotiation will take place in mediation, where the parties and attorneys will meet and come to an agreement that accommodates the needs of both parties.
Mediation is strongly encouraged for both spouses. It allows the couple to maintain control and be involved in the process. While mediation is a much simpler and less expensive process, sometimes negotiations fail and the spouses will need to go to trial for a judge’s ruling.
Whether trial or mediation was the process for determining the final settlement, the final step is when the judge signs the judgment of divorce. This order of dissolution will end the marriage and formalize the specifics of custody, child and spousal support, and division of assets.
Filing for divorce can be stressful and overwhelming, but understanding the process can make it easier to navigate. It is important to have an attorney you trust to guide you through the process and make sure that you protect yourself and your future. I’d like to help. If you’re going through a divorce or preparing to and need an experienced family law attorney in your corner to keep your best interests in mind, contact my office today.