Divorce and Dissolution

Divorce and Dissolution

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The decision to end a marriage is never an easy one. We understand this is a stressful time, and sometimes it’s sprung on you and you feel blind-sided. There are decisions which must be made about your and your family's future that will have both immediate effects and long-term consequences. We can help you through this difficult time by negotiating the court system for you, negotiation on your behalf, and building your legal arguments, evidence, and testimony that will help you make the best possible argument of your case to the judge.

 

When going through a contested divorce, it can often be difficult to separate your emotions from the process. That is normal. After all, this situation is happening to you, specifically, and it effects the most important people and things in your life. Our job as your legal counsel is to be the source of objectivity. We will keep our emotions out of it so you don’t have to. With Parks Legal representing you, you can depend on receiving legal advice and representation that considers your goals, the facts of the case, Ohio divorce law, and our experience practicing in front of your judge to predict how they might rule in your case. This means you will always know your options and will be able to make the most informed decisions possible on settlement negotiations, trial strategy, and what to expect when the case is over. 

What is a

divorce?

In order to get an order terminating a marriage, the parties must file with their local county domestic relations court to open a case. When the two spouses cannot reach an agreement on all the issues that must be resolved in a termination of marriage order, the only way to open the court case is to file a Complaint for Divorce.

 

A divorce case can accurately be described as a lawsuit. The person filing the complaint is saying "I want to terminate my marriage, but we have things tying us together and we can't agree on how to split them". Often, when the other spouse is notified of the lawsuit, they will respond by filing their own countersuit - they also want the marriage to end, and agree that they cannot agree, so they are also asking the court to weigh in. What follows is a long legal process involving hearings, temporary orders, exchange of information and documents, and, hopefully, settlement negotiations.

 

Ultimately, if settlement talks fail and the parties still cannot agree on terms, the court will hold a divorce trial - where both sides have the chance to submit evidence and testimony on why the court should decide the issues a certain way - and then the judge will issue a written court order deciding all the issues for the parties. Trials rarely make either side happy; it is far more effective to negotiate a settlement.

What is a dissolution?

Just like in a divorce, a dissolution is a court order terminating a marriage, issued by a domestic relations judge in the county court.

 

The key difference is that in a dissolution, the parties have reached a complete agreement on all the issues covered in a termination of marriage order. All asset and debt divisions have been determined, spousal support and tax issues have been resolved, and if there are minor children all aspects of parental rights, parenting time, and child support have been written down in an agreed parenting order.

 

Instead of a complaint, a dissolution is started by a joint filing called a Petition for Dissolution. Everything has been signed by both parties. The court reviews the agreement (and other documents), and if they are accepted one hearing will be scheduled for the parties to give testimony proving they agree. At the end of that one and only hearing, the court grants the petition, and the marriage is terminated. Certainly easier, faster, and cheaper than a full-blown divorce.

Divorce Law in Ohio

Divorce cases in Ohio are governed by an often-confusing combination of rules. The Ohio legislature has passed a series of laws (statutes) that give us the basic rules of how divorce issues are decided. But just like in other areas of the law, court decisions in similar cases can create interpretations of those statutes that govern how future cases with similar facts are decided. On top of that, the Ohio Supreme Court has issued additional sets of rules that control how cases are handled in the courtroom. Finally, individual courts are entitled to issue Local Rules governing practice in their specific courtroom. It is important to understand how all of these different sets of rules interact with one another to influence the outcome of your case. An experienced divorce attorney can help you understand the rules, understand how the rules apply to your case, and help develop the best possible strategy for reaching your goals.

Chapter 3105 of the Ohio Revised Code spells out the basic foundational rules that decide how divorce issues are handled.


Case Law is the term used to describe the ever-growing list of case decisions that interpret the rules in the Revised Code. Each new decision creates “precedent” that controls how that issue is handled in that court’s jurisdiction and every lower court in the same jurisdiction. For example, an Ohio Supreme Court decision will have precedence over every single appeals court and county court in Ohio. The 10th District Court of Appeals issues decisions that have precedence over divorce cases in Franklin County.


The Ohio Rules of Civil Procedure spell out standard practice in civil lawsuits (which includes divorce cases), such as time limits for filing answers to complaints and motions, how to object to court decisions, how to handle exchanging information with the other party, etc.

The Ohio Rules of Evidence tell us what we can put in front of the judge for consideration in support of your arguments in court. They spell out what kinds of evidence and testimony are allowed, what forms they need to take, and what kinds of objections can be made to the evidence presented by the other side.

The Rules of Superintendence for the Courts of Ohio are special rules issued by the Supreme Court that provide additional rules for various aspects of how courts handle cases throughout Ohio.


Local Rules often follow a similar design and format, but absolutely vary from court to court. It’s important to hire an attorney familiar with the local rules of the court your case is in to avoid unnecessary delays.


If you are considering asking your spouse for a divorce, or facing a divorce filing from your spouse, it is vital that you hire an attorney who not only knows and understands all these rules but has actually put them to use in the courtroom. At Parks Legal we can provide you with representation that not only has experience with divorce law in the courtroom but will also be able to speak on your behalf in settlement negotiations and advise you on whether an offer is good or bad when viewed against how the court would likely rule in a case with your facts. 

What to expect when you meet with a divorce attorney

It can hard to choose a divorce attorney, and it can be intimidating to meet with one for the first time. Many people are exposed to lawyers and the legal process for the first time when they sit down to consult with a divorce lawyer. But, meeting with a divorce attorney is an important step in understanding your rights, obligations, and options when going through a divorce. Here's what you can generally expect during your initial consultation with a divorce attorney:

The roadmap of a divorce case


It's important for individuals considering divorce in Ohio to consult with an experienced family law attorney who can provide guidance on the legal process, rights, and obligations involved in divorce proceedings.

  • 1. Pleadings

    One spouse starts a divorce by filing a Complaint in your county's domestic relations court. Generally a complaint must state that the court has jurisdiction to hear the case, and state the basic facts of the marriage - date and place of the marriage, whether there are minor children involved, whether either spouse is in bankruptcy, serving in the military, or currently pregnant, the grounds for the divorce, and finally ask the Court to grant the divorce. The complaint must be filed alongside various affidavits signed and notarized by the plaintiff that provide additional information to the court. 

  • 2. File and Serve

    When the complaint is filed, the next step is to officially deliver a copy of the complaint to the other spouse - this process is called "service" or "service of process". Ohio requires that a complaint be served to the other party by 1) certified mail, 2) sheriff service, or 3) personal service by a court-appointed process server. In some circumstances, when the other spouse can be located, the court will allow service to be performed by publishing notice in a local newspaper ("service by publication"). 


    After the other spouse is officially served with a copy of the divorce paperwork, they have 28 days to submit a written response to the court in the divorce case. This is typically made up of an Answer responding to all of the allegations in the Complaint, and a Counterclaim for Divorce that serves as the other spouses' own Complaint (it follows the same format and often makes the same or similar allegations and requests). 

  • 3. Temporary Restraining Orders

    A temporary restraining order (TRO) in a divorce case is a legal order issued by the court that restricts the behavior of both parties during the divorce proceedings. It is designed to maintain the status quo and prevent either party from taking actions that could harm the other party or their shared assets during the divorce process.

  • 4. Temporary Orders

    Temporary orders refer to court orders issued to establish temporary arrangements for various issues while the divorce is pending and until a final decree is issued. These orders help maintain stability and address immediate concerns during the divorce process. They generally cover how the parties will split expenses, debts, support, and parental rights while the divorce case is pending.

  • 5. The Discovery Process

    Discovery in an Ohio divorce refers to the legal process by which each party involved in the divorce obtains information and evidence from the other party or third parties relevant to the divorce proceedings. The purpose of discovery is to allow both parties to gather facts, documents, and other evidence that may be necessary to support their case or to challenge the other party's claims.

  • 6. Settlement Negotiations

    Settlement negotiations in an Ohio divorce case refer to the process by which the parties, along with their attorneys, attempt to reach agreements on various issues related to the divorce without the need for a trial. Settlement negotiations can cover a wide range of matters, including division of assets and debts, child custody and visitation, child support, spousal support (alimony), and any other issues relevant to the divorce.

  • 7. Pretrial and Final Settlement Talks

    As a trial date approaches, the court will have a final pretrial hearing to attempt to resolve the remaining issues. Separately, the attorneys will often make a last attempt to negotiate a settlement of the remaining issues. Sometimes this is done through communications directly between the attorneys, sometimes they will schedule a settlement meeting at one of their offices.

  • 8. Final Trial or Settlement

    A trial is typically the final stage of the legal process where unresolved issues are presented before a judge, and the judge makes decisions on those matters based on the evidence and arguments presented by both parties. Both sides have the opportunity to have witnesses testify, present documents to the court, bring forward experts, and have their attorney make their legal argument to the judge. Most divorce trials are "bench trials", meaning the arguments and facts are presented directly to the judge and no jury is involved.


    If the parties can reach an agreement, even the day before the trial is scheduled, the attorneys will draft the agreement into a Separation Agreement and a Parenting Plan (if there are minor children). These will be submitted to the Court in a final divorce hearing where the court reviews and approves the agreement and grants the divorce.

  • 9. Objections and Appeals

    An objection to a decision typically refers to a formal challenge raised by one of the parties to contest a ruling made by the court. When the court issues decisions or orders regarding various aspects of the divorce, such as child custody, child support, spousal support, property division, or other matters, either party may disagree with the court's decision and may choose to file an objection.


    An appeal in an Ohio divorce case is a legal process by which a party seeks a review of a trial court's decision by a higher court. The purpose of an appeal is to challenge errors of law or procedure that occurred during the trial court proceedings. An appeal is not a retrial of the case but rather a review of the trial court's decisions and rulings.

  • 10. Post-Divorce Family Planning

    Many people  believe (or hope) they can simply move on after their divorce is finalized and forget it ever happened. That is often a mistake! After the marriage is officially terminated, it is wise to work with an attorney to update any estate planning documents, such as powers of attorney, wills, and trusts, and to rename beneficiaries on your retirement and other financial accounts. 

It's important for individuals going through a divorce in Ohio to work with an experienced family law attorney to ensure that their interests are protected and that the terms of the divorce decree accurately reflect their agreements and the applicable laws.

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