Experienced Lakewood Divorce And Dissolution Attorneys
In Ohio, divorce and dissolution are overseen by a series of laws and a complex process. The unbinding of two lives that have been working in partnership to grow a marital estate is legally challenging. It can also be emotionally draining and costly, unless you have legal help that can keep you in control.
At Lanter Legal, LLC, we’re Lakewood-based divorce attorneys with 30 years of combined experience. Our clients come from all walks and have many kinds of Ohio family law problems, but what they don’t want is their divorce to be a long, stressful disruption. We listen to what our clients want and pursue an amicable, lower-conflict divorce so you can move on with your life.
The Divorce Process In Ohio
To get a divorce in Ohio, you must meet certain requirements and file specific forms. The residency requirement is the most important, and you must be a resident of Ohio for at least six months. From there, you will have to come to an agreement on the general basics of the marital estate, such as:
- Child support: If there are any children in the marriage, you must create a support plan that conforms to Ohio law.
- Parenting plan: If there are any children in the marriage, you must create an acceptable custody and parenting plan.
- Spousal support: In many divorces, spousal support or alimony is a part of the divorce discussion to provide support for the lower-earning spouse either permanently or temporarily.
- Property division: All property acquired during the marriage will undergo an equitable division, which looks at many factors to decide how to split things, rather than making each share equal.
The bulk of the discussion between parties in a divorce proceeding is managing the above factors. However, once you’ve reached an agreement and filed the paperwork, you will then have to meet any other required statutory waiting periods.
Types Of Divorce In Ohio
There are three ways to end a marriage in Ohio, but they are not necessarily all types of divorce. The first is a legal separation, which will require you to meet many of the same requirements and deadlines as a divorce, with many of the same orders such as child support, spousal support or property division. However, at the end of a separation, you are still married to the other person.
The next way to end a marriage is a more traditional divorce, which is a lawsuit in court to end a marriage. This is necessary for a contested divorce where the parties do not agree on any or all aspects of the marital estate. This is what most people think of when they think of divorce.
The final method is dissolution: Dissolution is the end of a marriage by petition. This is also informally called an uncontested divorce.
Whether filing for divorce or dissolution, couples do not always have to fight in a courtroom. Through collaborative divorce, both spouses work with specially trained attorneys to negotiate agreements on property, support and custody in a private, non-adversarial environment.
Which Court Handles Divorce And Dissolution Cases In Lakewood?
Divorce and dissolution cases in Lakewood, Ohio, are handled by the Cuyahoga County Domestic Relations Court. This court deals specifically with family law matters, including divorce, dissolution, child custody and spousal support.
How Long Does Divorce Take In Ohio?
Dissolution is generally the fastest option. Both spouses must agree on all terms, including property division, child custody and spousal support, before filing. Once you file, Ohio law requires a hearing to be scheduled between 30 and 90 days later. If everything is in order, the court can finalize the dissolution at that hearing.
Divorce, on the other hand, takes longer because it involves more steps. If both spouses agree on all terms but still pursue a divorce rather than dissolution, the process typically takes around 4 to 6 months. When spouses cannot agree and the court needs to step in, the process can stretch to anywhere from 12 to 18 months or more. The more contested the issues are, the longer the process tends to take.
What Are The Residency Requirements To File For Divorce Or Dissolution In Cuyahoga County?
To file for divorce or dissolution in Ohio, one of the spouses must have been a resident of the state for at least six months and of the county where you plan to file for at least 90 days.
So if you plan to file in Cuyahoga County, at least one of you must have called the county home for at least three months or more. These requirements apply to both divorce and dissolution cases. If you have not met them yet, you simply need to wait until you do before moving forward.
Do Parents Have To Take A Class Or Attend Mediation To File For Divorce?
Under Rule 34 of the Cuyahoga County Court Rules, both parents of minor children must complete a parenting class before the court will allocate parental rights. In Cuyahoga County, the only court-approved provider is “Children in Between Online,” offered through the Center for Divorce Education. You do not need a court order to sign up, and the class is available completely online.
Parents do not automatically have to attend mediation just to file for divorce in Cuyahoga County. However, if you and your spouse cannot agree on custody or parenting time, the court may order mediation at a later point in the process.
Get Our Help With Your Divorce
Every divorce method or choice comes with specific legal needs. Our Northeast Ohio family law office can guide you through what’s next with experience and confidence. Reach out to us today for a free consultation on your divorce. Call us at 216-273-4013 to get in touch.