What is the Divorce Process in Ohio?
Divorce proceedings are among American courtrooms’ most emotionally intense and complicated legal matters. They can affect an individual’s financial stability, plans for the future, ability to see their children, and basic emotional well-being. Before going through the divorce process, you must know that you have several potential choices on how to proceed.
In Ohio, there are two main categories of divorce proceedings: contested and uncontested divorces. Knowing the primary differences between these types of divorces and potentially other options, you may face the divorce case more confidently and clearly.
Ultimately, the type of divorce you choose will depend on your unique circumstances and personal goals. For assistance in reaching a conclusion and legal guidance through the system, please contact our law firm to speak with our experienced family law attorneys.
What is an Uncontested Divorce?
In uncontested divorce cases, you and your soon-to-be ex-spouse have reached agreements on all the key issues relating to the end of your marriage, including asset division, spousal support, child custody, parenting time, and child support. It may be considered an uncontested divorce if there is no conflict over who gets what and who provides how much in terms of monthly payments. In such divorce cases, the spouses would give the family law court their agreement, and the court would then review the deal before approving it.
There are several benefits to choosing an uncontested divorce, such as the following:
- As the uncontested divorce allows you and your ex-partner to work things out between each other, you are afforded some level of control over the divorce settlement and outcome of your case. While you will inevitably have to make compromises, ultimately the decisions come down to you and the other spouse, instead of requiring court intervention and a judge rendering decisions for you.
- Perhaps the key advantage of uncontested divorces is that they can often be resolved faster and for less money. In uncontested divorce proceedings, resolving matters within two to three months is possible. In contrast, contested divorce cases can take far longer. Additionally, there may be minimal legal fees in an uncontested divorce, as there would not be a need for long-term legal representation.
- Uncontested divorces are typically less emotionally straining and contentious. When there is less drama, fewer courtroom appearances, and no drawn-out conflict with the other person, spouses can weather the storm and come out on the other side less mentally battered and psychologically damaged than they might have been in a contested divorce.
- Unlike a contested divorce, which would have many court appearances, an uncontested divorce often affords more privacy for the spouses. Divorce negotiations and agreements would likely happen outside of the courtroom, meaning that your personal affairs are less likely to become a matter of public record.
While uncontested divorces have several benefits, that does not mean they’re without drawbacks. Reaching decisions and agreements with your ex-partner can be difficult, and an uncontested divorce could quickly become contested. Additionally, uncontested divorce cases are not suitable in every scenario, such as complex financial situations or instances of domestic violence.
What is a Contested Divorce?
A contested divorce unfolds when the divorcing spouses cannot agree on significant issues related to their legal case, such as the division of assets, child support, and alimony. If there is no mutual agreement, the divorce case must go through a formal court process, including many filings, motions, and potentially a trial where the judge will decide.
Contested divorce cases typically involve higher levels of conflict, greater distance between mutual agreements, and sometimes complex estates, business interests, and finances. It is not uncommon for a contested divorce to become long and drawn out, leading to costly legal battles. Although we recommend professional legal counsel to anyone going through any type of divorce in Ohio, that is especially true for those contending with high-conflict or contested divorce cases.
Common reasons for contested divorces include the following:
- Disagreements on the identification, valuation, and distribution of marital property, debts, and personal assets
- Arguments on whether alimony should be paid, how much should be provided, and for how long
- Disputes on child custody arrangements, parenting time, and child support obligations
- And other legal issues, such as the validity of a prenuptial or postnuptial agreement, retirement benefits, pet custody, financial interests, and business ownership
A contested divorce is often more costly and time-consuming, but sometimes it may be unavoidable. If you are going through the legal process of a contested divorce in Ohio, please contact our Cincinnati divorce lawyers today.
What Are the Key Differences Between Contested and Uncontested Divorces?
The key differences between contested and uncontested divorce matters include the following:
- Conflict and cooperation: Contested divorce cases often occur after prolonged conflict or disagreement between the spouses. They are frequently also related to disputes over child custody, property division, and other financial matters. In an uncontested divorce, there is a higher level of cooperation between the spouses, and they can attempt to reach common ground to minimize conflict, preserve amicable relations, and reach an agreement for the courts to approve
- Divorce settlement predictability: In an uncontested divorce, you have more control over the outcome, as you and the other spouse can mutually agree on the terms of your divorce and the settlement. This provides a certain level of predictability that is not afforded in uncontested divorce cases, where the judge determines the outcome
- The necessity of legal professionals: We recommend professional legal assistance regardless of the conflict involved in your divorce proceedings, but those facing contested divorce issues indeed have a greater need for the help of an experienced attorney. Your lawyers will play a significant role in advocating for your rights and needs, presenting convincing arguments to the court, and providing you with the legal support you require in either circumstance
- Time and money: Due to the complexity of contested divorces, which often involve additional filings, motions, legal proceedings, and potential courtroom trials, the contested divorce usually takes longer to resolve and costs more money in legal fees, court costs, and more. By contrast, the uncontested divorce provides an efficient means for the divorcing spouses to come to compromises in a more cost-effective way
What is Involved in Divorce Mediation?
A contested divorce can become uncontested. One way that this may occur is if the divorcing partners agree to go through the divorce mediation process. In this legal process, a third-party mediator helps the divorcing couple compromise and reach common ground on agreements they could not achieve independently.
What is a Collaborative Divorce?
Many married couples opt for the collaborative divorce option because of its level of confidentiality and structure. Provided you and your spouse are open to having good and ongoing dialogue, it may be possible to collaborate on problem-solving and address key issues related to the divorce case. The downside is that if the process in not successful, each party must obtain a new lawyer to move to divorce.
What is a Dissolution of Marriage in Cincinnati, OH?
Dissolution of marriage is the option we noted as uncontested divorce above that allows for the ending of a marriage by an express agreement without the need for long-term litigation. The option is available to married spouses who have reached a comprehensive agreement on all family law issues before filing anything with the courts.
Contact Us to Request a Free Phone Consultation with Experienced Divorce Attorneys Today
Which legal option is right for you and your spouse depends on your unique needs and preferences. While we recommend an uncontested divorce in most cases because of the time and money it’ll save you, sometimes things are not ideal, and it may be necessary to consider contested divorce proceedings.
For legal guidance on selecting the right option for your divorce case, please contact our law office to schedule a free phone consultation with our divorce lawyers today.
Call our Cincinnati law firm at 513-847-3538.
