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Choosing The Right Path

Available Options in Ohio Law

Without the right advice, divorce is much more stressful than it needs to be. There are many paths you can take in your divorce process. I will listen to your situation and help you choose the right path.

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Choosing your Path

Each situation is unique. We'll find the best option for your family.

Alternatives to Trial

Throughout Ohio families are settling disputes in mediation and not in the courtroom.

Ohio Revised Code 3109.052 authorizes mediation in cases involving the allocation of parental rights and responsibilities.  Many courts now require that the parties try to reach an accommodation before they can terminate or modify a shared parenting plan.  An experienced attorney should be able to give you advice about the differences among the mediation programs offered by local courts.
 
 In my practice, I have seen successful mediation in matters such as schooling, religious issues, discipline, medical issues, and issues involving a wide range of issues related to the child’s upbringing.  It can also be a less expensive alternative than to litigate these matters in an adversarial proceeding.

The Role and Authority of the Mediator.

The role of the mediator is to assist the parties in identifying the issues involved, reducing any misunderstanding regarding such issues, clarifying the priorities of the parties in relation to the best interest of the child or children, exploring areas of compromise, and finding points of mutual agreement. While it is imperative to the success of the mediation that the parties fully participate in the mediation process, the process may be terminated upon the decision of the mediator. The mediator shall terminate any mediation in which the parties are abusive, either to each other or to the mediator during the course of the mediation.

The Mediator shall make no recommendation to the Court based on either the parties’ statement during the mediation process or any personal evaluation by the mediator of the comparative fitness of the parties as a custodial parent. Statements made during mediation shall be considered inadmissible as evidence pursuant to Evidence Rule 408. Further, no mediator shall be considered as a witness regarding any matter in which he or she has participated as a mediator.

Any mediator providing services for the Court shall utilize procedures that will:

  • Screen for Domestic Violence before and during mediation.

  • Encourage appropriate referrals to legal counsel and other support services for parties to the mediation.

Divorce vs. Dissolution

Dissolution No. 1 Requirement: Cooperation.

Proceeding first with a dissolution is often the first request of many clients – Often because it is the cheaper option.

For a dissolution to work, the parties must be sufficiently prepared and willing to work together. This includes permitting the informal exchange of all information regarding the parties children, assets and liabilities, and facilitating the same.  Efficient exchange of documentation and information is the key to keeping costs low, which is one of the primary benefits of a dissolution.

A dissolution of marriage process may eliminate much of the divorce process and expense. Unlike a divorce, fault grounds are not at issue. Dissolution is often thought of as no-fault divorce.

When to Choose Divorce Instead of Dissolution.

A divorce is a contested hearing wherein one spouse alleges that the other has been “at fault”.

The divorce proceeding requires the court to make rulings on all issues related to matrimonial litigation.

  • A party needs immediate relief from the court

  • A party is absent from the jurisdiction (and unable to negotiate) or a party is unwilling to negotiate

  • When there is significant concern a party is hiding assets

  • When certain custody issues or concerns are present.

  • Concerns involving a party threatening to remove children from the court’s jurisdiction, withholding visitation, or threatening to harm.

There for you through the entire process.

I gives free consultations, guides you through your decisions, and I'm available for continued support after the divorce is over.

When You're Ready To Let Go

I'm a divorce attorney that cares. I guide you through the entire process from start to finish.

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