What Is The Divorce Process?
The divorce process begins first by considering your goals in divorce, your reason and grounds for divorce, and your needs for the future after divorce. If there are children involved, a thorough analysis of the children’s current and future needs, as well as what is in their best interest, must be considered. This review should take place with the assistance of counsel so that you have a firm understanding of the likely outcome, even if retained on a limited basis, to discuss merely this portion of your divorce.
Once goals are established and needs identified, a complaint for divorce is prepared and filed. However, unlike most civil actions where merely a basic complaint is required, divorces require the filing of substantial additional forms – many of which are specified at the county level (but not all). The complaint is then served.
The initiation of the legal process also opens the opportunity to seek temporary orders to address restraining orders, spousal assistance, attorney fee payment, and the needs of any children.
The filing of the complaint also initiates the legal process and opens the opportunity to conduct discovery on your spouse to ensure all assets and debts, as well as other matters, are identified and appropriately addressed in the case. Many spouses are surprised by the findings from discovery, so it is an important step.
From this point on, hearings are held by the court to monitor the status of the case. But, all issues related to the marriage are resolved by a written agreement between the parties, a trial, or a combination of the two (when some issues can be agreed upon, while others cannot).
Finally, the case terminates with an order from the court directing how the issues of the marriage are to be resolved, with appropriate consideration for any full or partial agreements reached along the way by the parties.
The divorce process, when viewed at this level, seems very simple – and it can be at times. However, when a divorce is filed, rather than dissolution, it is a warning sign that the case has the potential to become complicated. Therefore, it is prudent for a litigant to retain counsel experienced both in divorce law and litigation practice to protect your interests. If you are ready to move forward with that process, we ask you to consider Fogelman Law Firm, located in Cincinnati.