January 30, 2024

Making the decision to initiate the divorce process is not always a simple one, and is nearly always emotional. Even when the decision to end your marriage has been relatively easy, that doesn’t mean that you are ready for what comes next. Once that decision has been made, the new challenge is working through what comes next.

• When do you speak with an attorney?
• When do you begin to live separately (if you haven’t already)?
• Who files the paperwork in court?
• What documentation do you need?
• What do you do about your children?
• How do you handle your finances?
• How long will the process take before you are finished?

Thinking about everything that comes next can be overwhelming, so break down what you need to do into small chunks and focus on the big picture of moving forward.

Should You Start with a Separation?

In Ohio, unlike many other states, there is no legally required period of separation before you are eligible to file for divorce. In fact, divorcing couples in Ohio can continue to live in the same household during the divorce process and some attorneys recommend that if you are seeking shared custody that you do not move out before filing for divorce. If one spouse does move out, it can be used by the other’s attorney when splitting child custody or assets. However, this also does not mean you should stay in a bad situation. If your divorce will be amicable, after filing you and your spouse can discuss living arrangements during the process with the guidance of your attorney.

Work with Your Attorney

Once you have decided to file for divorce, the first step should be to find an attorney to guide you and represent your interests throughout the process. Even if you are anticipating an amicable divorce, an experienced family law attorney can help explain your rights, action you need to take, and will help ensure that you do not make any legal missteps during the process. There are many attorneys to choose from, and it’s important to find an attorney whom you can trust. You will need to have complete transparency with your attorney during the process, and if you do not feel comfortable with your attorney, you may find this difficult. Choose an attorney you can see yourself working well with, one who communicates well with you, and one you know you can trust. Your attorney can help you with the filing process.

Be Ready to File

Officially filing for divorce is the most crucial step in the process. Often the parties can eventually agree that they are incompatible.  But just in case every divorce filing must include grounds for a divorce, such as adultery, extreme cruelty, or gross neglect of duty.  (Be prepared to see that type of language in the paperwork your attorney files to start the divorce and any initial paperwork your future ex-files.)  After filing for divorce, the papers will be officially served to your spouse, a response will be filed, and both attorneys will begin the legal process.

Organize Your Paperwork

As you and your spouse begin to move through the process, make sure that you have all the necessary paperwork needed to begin dividing debts and assets. You will need your past tax returns, bank statements, investment statements, retirement account statements, loan documents, mortgage information, credit card statements and a credit report, and any other financial documents, such as titles to cars and other property, stock portfolios, and family trusts. Make copies of everything and be ready to get it to your attorney when necessary.

Make Temporary Plans for Your Children

If you have children, you will start with a temporary custody order to get you through the process until the final custody agreement is signed. This will likely involve a shared custody or visitation schedule that may or may not mimic how you hope to divide parenting time. Know that the process can be very stressful for your children, so make sure to not to involve your children in any battles you and your spouse are having during the process.

Make Sure You are Prepared Financially

Gathering the paperwork for your attorney is important, as is making sure that your spouse is being open and transparent with their financial information, but it is also important to make sure that you are prepared for your new financial reality. When you go through the divorce process, your former income will now be split between two households, and this can cause a significant financial impact. Look at your new income and expenses and create a budget that will work for you. Your attorney can help you determine if spousal support will be a possibility, and if so, what you can expect. Make sure that you have your own credit cards and bank accounts available during the process, but be wary of making any other financial moves during the process.

Final Settlement

Depending on how amicable or acrimonious your divorce is will determine the remainder of the process. Your attorney will begin to gather evidence, hold depositions, or send questions to your spouse’s attorney during the discovery process. After this, the attorneys, alongside you and your spouse, will begin negotiating the division of assets, a child custody plan, and spousal support. If you are able to move forward in an uncontested divorce, this process can be relatively quick, taking only a few months. The more difficult the negotiation, the longer the process, with the average proceeding taking approximately a year to eighteen months, depending on how complicated the asset division and custody agreements are. In most cases, everything will be agreed upon outside of court, with only a final hearing needed for a judge to sign off on the agreement, in others, a hearing may be required and the court will make the final decisions you could not settle on during negotiations.

Whether the decision to divorce was easy or complicated, the process can be overwhelming, and having a trusted divorce attorney by your side is the best way to ensure that you are set up for the next stage in your life and ready to move forward. Your attorney will guide you through all the documentation, filing, and decision making that needs to happen before the final divorce decree is granted and will make sure that you are protecting yourself through the process. When you are ready to end your marriage, make sure you find an experienced divorce attorney who can help guide you through. If you have questions about filing for divorce, contact my office today.