This is your first step in gaining information in the area of divorce law. By taking the time now and doing the research, it will provide you the knowledge necessary to make the right decision for you and for your family.
What is collaborative law? Essentially, it is parties working toward a resolution without court intervention.
Litigation is the use of court intervention to resolve or decide a dispute between litigating parties. One item to consider is that courts want parties to resolve cases. One of the most important facts about courtroom to litigation is that 80-90% of it settles before there is a final, ultimate trial.
Prenuptial agreements, antenuptial agreements, and premarital agreements are basically different names for the same type of agreement and can dictate the management of all assets during a marriage, as well as establish how they are to be handled as a result from either dissolution of a marriage or death.
Dissolution is a “no-fault” legal proceeding to terminate a marriage. The parties file a joint petition with the court and request that their marriage be terminated.
Technically, Ohio divorce law still requires statutory grounds in order for the court to grant a divorce, but the burden of proof for grounds for divorce is very, very, very low.
A Legal Separation is just like a divorce in that the parties still divide all their assets and debts, allocate parental rights and responsibilities, and set support obligations, but in the end you are still married.
Annulments are granted by the court only in certain cases. The legal effect is to void a marriage from the very beginning—as if the parties had never married.
A divorce is generally where the parties do not agree and is started by filing a complaint. Dissolution of marriage is where the parties reach an agreement before anything is filed with a court.
Discovery is a fact-finding process that takes place after a legal action has been filed and before trial in the matter, in order to allow the parties in the case to prepare for settlement or trial.
There is a civil method of pursuing a domestic violence claim. It is called filing for an Ex Parte Civil Protection Order (CPO). You can file the Petition for an Ex Parte Civil Protection Order in any county you temporally reside. This Ex Parte hearing will be between the victim and the judge and the offending party will not be present.
There are numerous types of restraining orders that can be issued by the court; it simply depends on the court in which your case is being heard..
In some cases it may be difficult to get your ex-spouse to comply with the court’s orders. You can request the court to try to force compliance by finding your ex-spouse in contempt.
This is one of the very foundations of divorce work. It all starts with identifying what are your assets and debts. Property includes houses, pensions, businesses, stocks, household goods—almost anything.
When a person goes through a divorce there are many possible tax implications that can come into play and must be addressed.