Divorce & Custody
While the end of a marriage may well be one of the most difficult experiences that you will have to face in your life, it does not have to be devastating or humiliating. Differences arise between people and in all families. While many differences can be resolved amicably and do not result in the termination of a marriage or a legal separation, prolonged martial conflict can be unsustainable, unhealthy, and ultimately indefensible.
Filing for Divorce
In Ohio, divorce is characterized as “contested” and “uncontested.” These terms can be misleading, as all divorce proceedings involve two parties – the husband and the wife – and are heard in your local common pleas court. A divorce is “contested” when spouses are unable to resolve all of the issues prior to trial. Even while many issues may have been resolved between the parties, a divorce will be “contested” when they cannot agree on at least one important issue, such as child custody, child support, spousal support, parenting time, property division, or debt division. In such a situation, the case is heard by the court, evidence is presented, and the judge decides all contested matters. Usually neither party leaves court completely satisfied following a contested divorce. Contested divorces are time consuming, stressful and expensive.
An “uncontested” divorce occurs when the parties agree that they want a divorce and are able to amicably work out all of the issues without the need to have the Court intervene. The parties, with the assistance of their attorneys, resolve all issues pertaining to child custody, visitation, child and spousal support, and the division of property or debt while the divorce is pending, or even prior to the filing of the divorce action. An uncontested divorce typically is less stressful and often saves the parties considerable time and money.
If you are or think you may be facing a divorce, attorney Mark Herron will thoroughly review your options during each step of the process to be sure that you understand your rights, responsibilities and any applicable custody laws. Call today for a free consultation.