FAQ About Divorce in Ohio | Answers to Divorce Questions
What about college, who pays for that?
The court cannot force parents to pay for college expenses. However, parents can agree between each other to pay support beyond the age of 18 and or to pay for college expenses.
Can the court help with marriage problems before getting a divorce?
Yes! Ending a marriage is a serious procedure with many legal and personal results. Many courts in many counties have trained family counselors and mediators readily available to aid couples in discussing marriage problems and disagreements involving children.
How does my spouse find out about the divorce?
It is best to have your spouse served with papers in order for him/her to know that a court case is on file. Service can be done through an independent person appointed by the court and hired by your attorney to serve papers on your spouse. Another option is through the sheriff of the county in which your spouse lives.
What are the different forms of payments for an Attorney?
Lawyers can be compensated in three different ways: a fixed fee for a particular service such as bankruptcy, hourly basis for ongoing matters such as divorce or litigation or a contingency fee basis such as injury cases.
Why does an attorney want to be paid a retainer fee?
A retainer fee is the payment of an hourly rate fee before it is earned. Lawyers normally request retainer fees from clients to assure they will get paid. The retainer fees are kept in the attorney’s trust account in the client’s name. The lawyer does not get that money until it is earned. If the situation costs less than the retainer fee the difference is refunded to the client.
How does a contingency fee work?
In some cases, such as injury cases, a lawyer is paid only if the case has resulted in a recovery to you. The lawyer is paid a percentage of the recovery. The reason for contingency fees is so that injured people can hire qualified, experienced lawyers even though they cannot afford to pay a lawyer at an hourly rate.
Can I use a mediator instead of an attorney?
No. The roles of each are distinct and different. A mediator doesn’t represent you or provide legal advice for either party. They will often request the parties to seek legal counsel for clarification on issues in order to facilitate a resolution. Once an agreement is made, a mediator will write up the resolutions. It is the attorney’s job to put the agreement into proper form for filing with the court and to be sure that any mandatory language is included, along with preparation of any other court required forms and pleadings.
Will filing for divorce “wake my spouse up”?
Most likely not. Some spouses think that filing for divorce will get there partners attention by bringing them into reality to try to save the marriage. Filing sometimes can save the marriage but it hardly ever works that way. Filing for divorce usually causes the other spouse to act more negative and different. You should only file for divorce if you want one!
Is divorce easy?
The process can be simple or complicated, based on how you and your spouse interact. The more the spouses agree on, the easier and less costly it will be.
How do I manage money? How can I learn to do this? I’ve never done it before.
Start with a list of all your bills and important deadlines. Document everything you’re spending money on besides just bills. This can be groceries, food, stuff for the kids, dinner, etc. This approach will provide you information on building a strategic spending plan.
Will I ever be able to own a home again if we have to sell our current home because of divorce?
A realistic approach to examining your finances is that you have access to anything you want, just not all at once. If owning a home is on the top of your list, then you must save for it and get what you want. Be aware of having too many financial goals at the top of your list because it could jeopardize your future.
Will the status of my finances in the future change?
You must take the time now to build a foundation to help you be where you want to be in five years. Staying distant from the reality of your financial future is setting yourself up for fear and potential failure. You can obtain great information by meeting with financial advisors and through counseling. Make the important decisions that will affect your future! Depending on how you approach it and the steps and decisions you make, your financial stability can change during the divorce process.
What do I consider important when selling our house because we’re getting divorced?
The price and property condition is probably the most important factors to take serious. Make sure you price your home correctly. Work with an experienced real estate agent. Have your realtor walk through your home and get their input on anything that needs changed that could affect the sale of your home.
What to do when I’m trying to sell my home but the market is slow or weak?
Review your listing price and compare it to other asking prices of homes in your neighborhood. Make sure your home is being exposed through open houses, the internet, and effective advertising. Be aware of things that are turning buyers off from purchasing your home.
When we file for divorce, does my husband still have to put income into our joint bank account until the divorce is over?
The court usually determines how to direct the couple’s finances in a pending case. The court can often create temporary spousal support during your pending case. But it depends on your case, every case is different and judges act differently across divorce cases.
Can we both use the same lawyer?
You technically can but it’s not a good idea. If you both use the same attorney, remember that your attorney represents your spouse instead of you if things get tough.
What does it mean to say the case was uncontested?
An uncontested case can result when the respondent does not oppose what the other candidate wants.