The Process of Filing for Divorce
Serving Clients in Cincinnati, Hyde Park, Blue Ash, and Lebanon, OH
Filing for divorce is a complicated process. If you and your spouse are considering a divorce, you will need to make a series of important financial and personal decisions that may impact the rest of your life as well as your children’s. For these reasons and more, it is best to consult with an experienced divorce attorney before taking any action.
Attorney John Heilbrun has over 30 years of experience helping people in the Cincinnati area reach a divorce agreement quickly and effectively, in a way that ensures your rights and interests are protected. Call us today at 513-321-3940 to schedule an initial consultation.
The Procedure for Divorce
Divorce cases begin with the filing of a Complaint for divorce and a variety of other pleadings with the Domestic Relations Court, claiming one of the statutory grounds for divorce. You will need to arrange to serve (deliver) the complaint to your spouse.
Your spouse will then file an “answer,” either admitting or denying that grounds for divorce exist along with his/her own version of the other pleadings. At this time, as the defendant, you may also file a counterclaim. While your divorce case is pending, you can request temporary orders for custody, parenting time, child support, spousal support/alimony and the allocation of other necessary responsibilities.
The court will then conduct one or more pre-trial hearings to determine whether a mutually agreeable settlement of the case can be reached. If an agreement on all issues cannot be reached, the unresolved matters will have to be decided at trial by a judge.
Divorce vs. Dissolution vs. Annulment
Before you file for divorce, it’s important to understand that there is more than one way to end a marriage. In the state of Ohio, you have three options:
- Divorce – A process whereby one spouse files an action with the Court, and the Court will ultimately decide all issues incident to the ending of your marriage that the two spouses are unable to agree upon.
- Dissolution – An out-of-court method of resolving the issues incident to the ending of a marriage. Both spouses mutually agree on the terms for the ending of their marriage, and they then bring the written agreement to the court for approval. This method is often faster and usually less expensive than a divorce action.
- Annulment – A court decree that your marriage is legally invalid because of a defect that existed at the time you first got married. This option is only available in a few unusual situations.
Depending on the details of your situation, it is often in the best interest of you and your children to pursue a dissolution instead of a divorce. This can be achieved using mediation, the collaborative divorce process or other processes. We can discuss all of your options in more detail during your personal consultation.
If you have further questions about divorce law, please contact The Law Office of John Heilbrun today or call 513-321-3940 to schedule a consultation with John Heilbrun. Mr. Heilbrun represents clients throughout the Cincinnati area including Blue Ash, Hyde Park, and Mason, Ohio.