Divorce or Dissolution
If you believe your marriage has reached the end and are contemplating divorce, you are more than likely feeling confused and overwhelmed. The attorneys and staff at Donovan Law have the experience and expertise to assist you through these difficult and trying times. We listen to your concerns and take the time to explain the issues related to your specific case in an attempt to make this difficult and emotional time as painless as possible.
In the event that you and your spouse cannot agree on how to end your marriage and you must turn to the Court to decide, our attorneys have the experience to fight for what you deserve.
Commonly asked questions:
Q. What is legal separation? (Ohio only)
A. A legal separation is a civil lawsuit that does not legally end a marriage. However, it does allow the court to issue orders concerning property division, spousal support, allocation of parental rights and responsibilities, child support and parent time allocation for any minor children. The parties remain married, but live separately. When a court grants a legal separation, each party must follow the court’s specific orders.
Q. What is a dissolution of marriage?
A. A dissolution of marriage is an action filed with the Court where you and your spouse mutually agree to terminate your marriage. Neither party has to prove the basis on why the marriage has ended in a dissolution. This action is only started after the husband and wife have reached a separation agreement regarding all property, spousal support, and child issues. After you jointly filing a Petition for Dissolution, you must wait for the court to hear your case. At the hearing, the court will review the separation agreement, ask about the assets and liabilities and any parenting issues, and determine whether or not you understand and are satisfied with the settlement agreement. At that time, if the Court is satisfied with the agreement and the parties agree to end their marriage, the Court will grant a dissolution and order the separation agreement into effect.
Q. What is a divorce?
A. Divorce is a civil lawsuit filed with the courts to end a marriage. A divorce is filed if you and your spouse cannot resolve your problems short of seeking the Court’s assistance. The court will then make a final decision and issue orders concerning property, support, and children.
Q. What is mediation?
A. Mediation is when a neutral third party, or mediator, uses a structured process to assist you and your spouse in resolving differences. Unlike a judge or arbitrator, a mediator does not decide how the dispute should be resolved. Rather, the mediator will assist you and your spouse in working together to determine the terms of your settlement agreement.
Q. What is the benefit of using a mediator?
A. One of the greatest benefits of using a mediator is that it can be the most cost effective way to end your marital relationship. Another benefit of using a mediator is that a mediator provides a safe and comfortable environment for the sharing of ideas. The mediator will generally begin by asking you and your spouse to agree to some basic ground rules during the mediation process (i.e., only one person speaks at a time, no name calling or shouting). During mediation you and your spouse will each be given an opportunity to share your perspectives on the situation. The mediator will then summarize the information provided and help you to define the issues. The mediator will also encourage you and your spouse to generate possible options for resolving your dispute and to select a mutually agreeable solution. If you and your spouse are able to resolve some or all of your issues, the mediator will prepare a written memorandum of agreement for you to sign.
Also, mediation gives you and your spouse the opportunity to resolve issues for yourselves and your children rather than having a judge decide them for you. If you and your spouse work together to resolve your problems, it is more likely that you both will be satisfied with the agreement and that the agreement itself will be followed.
Q. Why mediate rather than just file for divorce?
A. In addition to the benefits listed above, successful mediation can also reduce the hostility that may go with a court proceeding. By reducing the conflict between you and your spouse, your children will benefit as well. A parenting agreement that has been mediated also eliminates the need for a trial over issues concerning your children, thus avoiding a negative experience that can be emotionally damaging for a child.
While there is usually a fee for mediation, a successful mediation is generally less expensive than a contested divorce. Successful mediation will often reduce attorney fees and court costs and may reduce expenses for appraisals, accounting services, expert witnesses, and other expenses that are normally part of adversarial court proceedings.
Q. What role do attorneys play in mediation?
A. Attorneys are not replaced by mediation. It is recommended that both you and your spouse seek separate legal counsel prior to beginning mediation.
Q. What if no agreement is reached?
A. Mediation does not always result in an agreement, and unresolved issues may be settled in a court hearing.
Q. How is property divided after a marriage has ended?
A. Your property will be divided into marital and non-marital property. Marital property is property acquired during your marriage, including real estate, personal property, intangible property (such as stocks and bonds), bank accounts, and retirement plans. Marital property also may include increases in the value of separate property due to either spouse’s work effort, labor, or contribution of marital money to the increase in the property’s value. Non-marital or separate property is property the law sees as separate from the marriage. Examples are an inheritance or bank account you had before the marriage. (Call an attorney with any specific questions about marital and non-marital property.)
Q. How is marital property distributed?
A. Marital property is either divided upon agreement of the parties or is divided equally between you and your spouse by the Court, unless the court explains why an equal division would not be fair.
Please contact our office to schedule your free initial consultation to discuss your specific situation.