Divorce cases and post-divorce issues are complicated and emotional experiences. But, like all cases, the issues within your case are resolved in one of two straightforward ways: through a settlement between the parties or litigation over the issues. In a divorce, litigation nearly always involves a trial.

The big question during post-filing and pretrial discussions is always whether the parties should choose trial or settlement.

Settlement is great, when it works in your favor. But sometimes settlement requires concessions that simply should not be made. In those cases, the benefits of trial should be carefully discussed and considered.

Those without sufficient knowledge about family law believe that concessions only include issues related to giving up assets you might be entitled to, taking on responsibility for debts you are not liable for, or accepting less control over time and decisions for your children than you ought to have. But the decision to try an issue, rather than settle it also include lesser considered issues. Some of these issues are:

• Delay. Compromise of an issue helps resolve it now. Trials can take time because parties will want to conduct discovery and properly prepare their case for trial. In fact, some cases also require the use of experts on whom discovery must be sought and investigations performed; and then counter-experts retained. The process can take substantially longer than simply reaching a resolution between parties.
• Cost. Compromise of an issue helps avoid the attorney fees that trials require.
• Control. Compromise of an issue helps resolve it in a way you find acceptable.
• Disclosure. Compromise can avoid trial where your spouse plans to use information learned during the marriage against you in some way that casts you in a bad light – a light you wish to avoid.
• Continued relationship. Compromise of an issue helps avoid a trial where you might be forced to put on evidence that paints your spouse in a very poor light – knowing you will be facing this spouse when dropping of your children every week for a decade or more to come.

When considering all of these factors, among others, sometimes a compromise through settlement makes good sense. When it does not, though, it is important to be prepared to understand the issues above and move forward with trial.

The divorce process in Ohio is controlled, in large part, by Ohio statute. Ohio statute also sets forth the residency requirements that dictate when Ohio can legally hear your divorce complaint.

A divorce can be resolved by agreement between the parties. However, if parties are unable to reach an agreement by themselves, they can try the their unresolved issue or issues to the court. The court will then issue an order that resolves the dispute between the parties and finalizes the divorce.

There are several ways spouses might be able to separate in Ohio. Generally speaking, though, spouses turn to one of two ways to terminate their marriage: A divorce or a dissolution. See our blog posting on Ways to Legally Terminate your Marriage for additional information on the other ways to terminate a marriage..

Four issues are addressed in most divorces. First, and the issue that must be resolved in all cases, is division of marital property -- all marital assets and marital debts. Next, many marriages involve children, which adds two other broad issues for resolution: parenting time and child support. And, finally,spousal support must be addressed when terminating a marriage.

Spouses must be thorough in addressing their issues during divorce to ensure everything is properly dealt with. Otherwise, the divorce case may need to be re-opened and begun again to address the missed issue or issues. Although, sometimes, missing an issue forever bars it from reconsideration by the court, which can have serious harm to the spouse.

If you are ready to move forward with considering the divorce process, we ask you to consider using our services. You can reach us through the “Contact” link above.


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Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.

While divorce is the best option for you and your ex-spouse, the idea of talking to your children about this choice may cause you to worry. 
Discussing this topic with your children does not have to be scary, since there are many ways to approach it with respect and understanding.  ​