Divorce is one of the most challenging and stressful legal events in anyone’s life. If you are facing a divorce, then you must prepare. You will get a better result and avoid feeling shafted after it is over.
1. Don’t go rogue!
Don't come up with your ideas on how to settle your divorce case without talking to your attorney first.
This is a common mistake that many people make. They think that they can be their lawyers and do everything themselves.
If you are attempting to get a Dissolution in Columbus, Ohio, then you should strongly consider using a “private judge.”
A private judge is usually a retired judge who can hear your case in place of going through official court to help you end your marriage peacefully. Private judges are paid for their services by one or both parties.
As you will see, the value of using a private judge is through the roof compared to the normal courtroom setting.
When you are going through your divorce, there is a good chance that you will experience many negative emotions.
These emotions can include anger, resentment, loneliness, and frustration. However, even though divorces can be highly emotional and difficult to deal with, you will still most likely have to communicate with your spouse. At least to a certain extent during the divorce proceedings.
Even if you're happy with your divorce attorney, the feeling may not be mutual
If you do certain things that your attorney does not like, then he or she might fire you. If your attorney fires you, you could suddenly be left in a bad situation with an approaching hearing or trial and no representation.
Here is how to prevent getting canned by your lawyer...
If you are fed up with your attorney, and if you want to stop working with him or her, then you are allowed to. In Ohio, all you need to do to fire your attorney is to tell the attorney that you are firing him or her.
The best way to do this is in writing, either in email or in a letter. The lawyer will have to receive permission from the court to withdraw from the case.
Most of the time, the Franklin County or Delaware County court will approve withdrawals unless there is a circumstance that makes the withdrawal highly undesirable for the court. For example, the court may not approve a withdrawal if the trial is the next day.
Divorces can be an extremely stressful life event. They disrupt and security and routines. Gone is the comfort that two partners have when living under the same roof and being in love.
During a divorce, two marital partners separate and can quickly find themselves struggling with many different challenges. Suddenly you are faced with the frightening prospect of ending your marriage. Through a process filled with unfamiliar legal jargon and procedures.
So your ex agreed to a settlement in an Ohio court, but now is backing out? This can be a major problem and it can be extremely stressful to deal with. Don’t worry, we’ve got the answers.
Here is what to do if your spouse backs out of an in-court settlement in Franklin County, Ohio.
Complain and put it in writing to your spouse
Putting it in writing helps to establish evidence that might be needed later on.
Local Rule 23 (Judge Fuller is a stickler about this…)
If you're going through a divorce, then you need to know the best practices for getting a continuance in your local area. Here are some excellent tips for having your motion to continue approved by the Judge or Magistrate in Delaware, Ohio.
Follow the rules
There is a set of rules that you must follow if you want your motion for continuance approved.
These rules are outlined in Rule 23 of the Delaware County Court of Common Pleas Domestic Relations Division Rules of Practice and Procedure. Franklin County and other surrounding counties in Ohio will have their versions of Rule 23
Sometimes, there's a good reason one spouse or the other needs a continuance in divorce proceedings.
Do you live in or around Columbus? Here are some great tips on how to get a continuance in Franklin County, Ohio:
Go to the court and ask the bailiff
Sometimes, it is as simple as aking. Whether this method works depends heavily on how busy the court is.
Hire an attorney and ask the attorney to do it
Often a judge will be more inclined to listen to an attorney’s request for a continuance than a request from a non-attorney. Make sure it is for a good reason.
Change is an inevitable part of life. Even after your divorce and parenting plan is finalized, things happen.
Living expenses change, children get older, and employment opportunities can appear or disappear. Regardless of whether or not you’re satisfied with the initial terms of your divorce, changes in circumstances may prompt you to renegotiate those conditions.
In most states (including Ohio), these changes are called “modifications.”
Child custody arrangements and spousal support agreements are binding. But that doesn’t mean they can’t be changed.
Your relationship has come to an end. But you aren’t satisfied.
You want answers. You need closure.
But how are you defining closure? Is it a clean break with everything ended to the satisfaction of you both? Is it having all of your questions about what went wrong with your relationship answered?
What is Discovery?
The term "discovery" refers to the process of the exchange of information between the parties. This information includes each spouse’s personal and financial situations and is used in both dissolution and divorce cases in Ohio.
Informal discovery involves both sides exchanging information voluntarily. An attorney will prepare a list of important documents and ask the other lawyer for them. Your spouse’s lawyer will request the same from you. The more you both cooperate during this information exchange, the more money you will save.
When you talk to a divorce lawyer about your case, there are several questions you need to ask. But any good attorney should ask you questions as well. The more information an attorney has, the better they will be able to help you.
What is your story? What happened between you and your spouse to put you in front of a divorce attorney?
The important points the attorney will be looking for are when you were married, how long you have been married, what happened—or did not happen—during the marriage, your income and employment situation, if you have children and why you are in the situation you are in.
Walking into a lawyer's office, especially when your mind and emotions are occupied with a looming divorce, can seem intimidating. However, preparation will go a long way and ensure that you find a lawyer who best suits you and your situation.
When you schedule a consultation with an attorney, begin jotting down any questions you can think of that you'd like to discuss. Your time is valuable, and you should get as much information out of meeting an attorney as possible.
Having questions ready beforehand will not only help alleviate some anxiety, but it'll also help you assess whether the attorney is a good fit for you.
In Ohio, the court that handles divorce and dissolution cases is the Court of Common Pleas which is located in each county. This means a particular county court has “jurisdiction” over a case.
Jurisdiction involves residency. Meeting Ohio residency requirements are usually easy and only a concern for a person who has recently moved or is planning a move shortly.
Thanks to the internet and easily available resources, more and more people are trying Do-It-Yourself divorce. In Ohio, this process is referred to as a pro se (on your behalf) divorce. Like any divorce, it involves completing paperwork, filing it with the correct court and attending a hearing. But is a DIY divorce right for you?
Who is a Good Candidate?
People wanting to do a DIY divorce are often concerned about the costs involved in hiring an attorney. Not everyone should do a divorce themselves, and several factors can make a difference. You and your spouse are good candidates for a DIY divorce if...
In Ohio, a dissolution is a non-adversarial proceeding to legally terminate a marriage. A Dissolution also means that the terms of the divorce are decided between the two parties before any documents are filed with the court.
Unlike a divorce, the negotiating couple is expected to voluntarily trade any information as part of their dissolution. The courts do not have subpoena power during dissolution and cannot put temporary orders in place or force either side to share information.
The court does allow professionals to be hired to evaluate a property or give financial advice.
You may think that after hiring a divorce lawyer, you can simply wait around for your court date, but people who actively participate in their divorce will find things easier in the long run. There are actions you can take to make things easier and have your case over as quickly as possible.
When choosing a career path, or even a job that we need to have to currently satisfy a need—we tend to focus on things like salary, benefits, opportunities for advancement, and commuting time. Your lifestyle is often affected by this choice.
The number of hours you work, the stresses particular to that kind of job, and what type of people you deal with daily. What we often forget to consider is how this career could affect our relationship with our spouse.
Finding out or even suspecting that your spouse or partner is having an affair is one of the most hurtful things that can happen to a relationship.
Instant feelings of anger, shock, resentment and other negative emotions can set in quickly causing you to do things that can harm your future. Knowing that your partner is involved with someone else is hard enough, but knowing what to do can be even harder.