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.
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.