Robert L. Mues, Author at Ohio Family Law Blog

Are There Advantages to Filing First for a Divorce in Ohio?

filing of the divorce complaint retraining orders

Why should I file first in a Divorce Complaint? Here are the reasons.

Several Strategic Reasons Why Filing Of The Divorce Complaint FIRST, Makes Prudent Sense

Unfortunately, you have concluded that your marriage needs to come to an end. Now it is time to put on your “business hat” and plan how to accomplish that result. When feasible, a dissolution proceeding is the best vehicle to accomplish the termination of an Ohio marriage. However that approach takes a full agreement in advance of filing by both parties on ALL issues and obviously cooperation. Let’s discuss how to proceed if that isn’t in the cards.

DIVORCE COMPLAINT FILINGS IN OHIO:

There are some reasons to consider being the first to file the complaint for divorce in Ohio.

To file for divorce in Ohio, you or your spouse has to have been a resident of the state of Ohio for no less than six months and of the county of filing for 90 days. If you submit your petition first, you can file either in the county where you live or the county where your spouse lives. While Ohio law of course applies to all divorce courts in the State, courts vary … Read More... “Are There Advantages to Filing First for a Divorce in Ohio?”

Divorce: What is a Settlement Conference?

What To Expect And How To Prepare For A Settlement Conference

A Settlement Conference Can Be Beneficial In Divorce To Avoid A Trial

Are you in the midst of a divorce? Getting a divorce can be a rough experience and emotionally difficult. Court dockets are crowded and litigating a case through a trial can take a very long time and end up being very expensive!

Many divorce Courts schedule mandatory settlement conferences routinely as part of the normal process. This is done to facilitate settlements and to reduce cases on the contested trial docket. Please note that in addition to mandatory Court ordered settlement conferences that scheduling voluntary settlement conferences outside of Court are typical and can be very beneficial. The goal in both is the same. Reach settlement to avoid trial.

What happens at the divorce settlement conference?

Each Judge and County conduct these conferences differently. Ask your lawyer to detail the process that is ahead in your case. What will the structure be? Will you be in separate rooms with the lawyers shuttling back and forth? Will the lawyers be talking together outside of the client’s presence? Will you all be in the Courtroom together? What is … Read More... “Divorce: What is a Settlement Conference?”

What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?

divorce service of process missing spouse

Ohio Court Can Publish Divorce Complaint In Local Newspaper If The Address Of Missing Spouse Is Unknown

Typically when a divorce is filed the adverse spouse is served with the summons, divorce complaint and other required documents. This can be accomplished a number of ways as set forth in the Ohio Rules of Civil Procedure. Obtaining “service of process” is essential for the Court to obtain jurisdiction over the matter and to proceed with your case and issue orders over support, property division, custody etc. All states require that the opposing spouse receive a copy of the divorce papers typically delivered by a private process server (especially if there are any restraining orders).

WHAT DO YOU DO IF YOU LOOSE TRACK OF YOUR SPOUSE AND WANT A DIVORCE?

Most states have a law or civil rule about the requirements to utilize the service by publication provision when the address of the defendant is unknown.

Ohio Civil Rule 4.4(A) permits an individual to be served by publication when his or her address is unknown. To serve a defendant by publication when the defendant’s address is unknown, the plaintiff or plaintiff’s counsel must file an affidavit with the court indicating the following:… Read More... “What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?”

Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?

PUBLISHER’S NOTE: Five years ago, we posted an article about the The Counseling and Cooperative Parenting Center of Ohio, LLC, also known as “CCPC – Ohio”. It seemed long overdue that we post an update on this wonderful resource for families with children having been involved in a high conflict divorce case. Click here, to read our initial article about this Center from April 12, 2014. Brenda Patton, the owner and director of the Center, was kind enough to provide me an interview to discuss the evolution of CCPC. Southwest Ohio is certainly fortunate to have this resource!

SO, WHAT IS A HIGH CONFLICT DIVORCE CASE?

Ms. Patton defined it as being cases that have a “revolving door” relationship with the Domestic Relations Courts. They are the cases that are never resolved or settled. Months and/or years after divorce has been finalized, the parties are still returning to Court to resolve unsettled issues relating to support, visitation, selection of schools, selection of treating physicians, payment of medical expenses, payment of extracurricular expenses, etc.

These cases often involve multiple motions to find one party to be in contempt of court for failure to abide by the terms of the original … Read More... “Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?”

Divorcing? What do You do With Your House?

Home’s Equity To Be Divided Equally Between Two Parties In Divorce

You have agreed to a divorce. Now for the difficult and often unpleasant task of dividing the assets. Sure, you can agree who gets the tv and who gets the dishes, but the most difficult division is often how do you “divide” the house. Generally speaking, the home is considered a marital asset and the equity needs to be divided equally between the two parties.

Perhaps the home was bought by one of you before you were married. In that case it may be considered non-marital property. However, if both parties have been put on the deed or if the home was refinanced in both of your names, then the house will likely be considered marital property regardless of who paid for the house initially. Of course, if you purchased a home together during the marriage then it is definitely a marital property and the equity needs to be divided. The sticky part about splitting the value of a home is that it is not a liquid asset.

Often one of you will want to remain in the home, especially if you have children attending school in the … Read More... “Divorcing? What do You do With Your House?”

I’ve Been Served with a Divorce, Do I Really Need to Talk With A Lawyer?

Schedule An Appointment With An Experienced Divorce Lawyer

Avoid “Getting The Shaft”, Talk To An Experienced Divorce Lawyer!

Like most veteran divorce lawyers, I have seen lots of situations where a party ignores a summons and complaint for divorce, to his/her peril. The excuses I frequently hear are:

I’m too busy;
We have only been married for just a short time;
My spouse will treat me fairly;
I don’t need to spend money for a lawyer
I am too depressed to deal with it, and if I ignore it, I can fight it later if necessary; or
My spouse will get everything anyway since I have been a lousy spouse.

Truthfully, all of these “excuses” are poor ones. Scheduling an appointment with an experienced divorce lawyer is not an expensive pro-active investment. Some lawyers even offer a free initial conference.

What will happen if you simply ignore the divorce filing?

The case will be set for a non-contested default hearing;
Your spouse (and his/her divorce lawyer) will submit a Final Decree of Divorce for the Court’s approval;
There will be little inquiry by the Judge if the facts are correct or the orders are fair or equitable;
No

Can I Change my Mind After Signing Divorce Papers in Ohio?

Second Thoughts? Dismissal May Be Permitted Based On How Far The Divorce Case Is Along

The answer to this question likely depends on how far along your divorce case has progressed, as well as the reason to dismiss it. The earlier in the preceding you decide, the more likely the answer will be “yes”.

Withdrawal of Complaint: If you have just filed the complaint for divorce and no answer has been filed by your spouse, you may dismiss your complaint without permission of the Court. No problem!
Dismissal After Your Spouse Has Filed an Answer/Counterclaim: At this point both parties have requested a divorce. Even though you had initiated the case, you do not have the option of dropping the whole case. If you dismissed your complaint, your spouse could proceed with his/her request for a divorce. The simple solution is for both sides to file a joint agreed upon dismissal entry signed by all parties and the lawyers. The Court would allow that as long as all Court costs have been paid.
Dismissal After Trial (But before a Decision). So, this point would arise very far down the pike. Most divorce cases typically take the better part of

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