Contested Divorce

A contested divorce is often one of the most stressful and life changing events that one can experience. A successful outcome in a divorce often takes careful planning, knowledge and the patience to manage all of the information as needed. If you are in the middle of a divorce, anticipating a divorce or contemplating filing a divorce, your life will undoubtedly be taking many turns and the uncertainty of it all will likely consume you. However, there is hope.

A divorce starts, much like any other civil action, by filing a complaint. After a complaint is filed a judge is assigned and a summons is sent to the other party by the clerk of courts. Once served, the case continues with the parties requesting documents concerning income, assets, and debts. This process is known as discovery. Sometimes, the court issues temporary orders concerning which party is to pay the joint debts while the case is pending. Often a temporary order includes orders on child visitation and the temporary allocation of expenses.

After all discovery is complete the divorce often involves attempting to settle the matter either informally or formally by the court. If a settlement is reached on all issues a divorce decree is drafted, both parties and the attorneys’ sign. Once the judge signs the decree the decree becomes a final order of the court. Then, any order on the division of assets and pensions are effectuated by either a Qualified Domestic Relations Order (QDRO) or a similar order.

If the parties cannot agree on either all or one issue, the matter may proceed to trial where the judge hears the evidence from both parties. Both parties, whether represented by an attorney or not, are expected to present the evidence in compliance with the laws of the State of Ohio. After all evidence is presented, the judge then rules on the contested issues, issues such as finances, spousal support, division of real estate and property and most importantly custody of minor children.

A divorce can be a treacherous process and employing a skilled attorney is highly advised.