DISSOLUTION OF MARRIAGE PROCESS

21 Dec

DISSOLUTION OF MARRIAGE PROCESS

STEP ONE – INITIAL CONSULTATION

WHERE – East Side Office – 22408 Lake Shore, Euclid, OH 44123 or West Side Office – 13326 Madison Avenue, Lakewood, OH 44107.

WHAT DO I BRING – Yourself, any Income Info you have, if you have a Child Support Order Bring that, and if you have a custody order with the juvenile court bring that.

WHAT ARE WE DOING AT THIS CONSULTATION – We are first going to determine if dissolution is the best way to terminate the marriage. We will talk about the various documents that need to be prepared (separation agreement, petition, and perhaps the need of a shared parenting plan).

Fee – No, this is a free consultation and you are not obligated to go any further.

How Long – 30 Mins to 1 Hour

STEP TWO – DOCUMENT PREPARATION CONSULTATION

WHERE – East Side Office – 22408 Lake Shore, Euclid, OH 44123 or West Side Office – 13326 Madison Avenue, Lakewood, OH 44107.

WHAT DO I BRING – Documents that I indicated to you in your initial consultation.

Fee – The initial fee will be due at this time. Depending on whether the documents are signed in the office as well as other factors, the court cost may be due at this time.

How Long – 1 Hour

STEP THREE – SIGNING DOCUMENTS

WHAT IS HAPPENING – In order for a dissolution to occur, both parties must sign the papers. One aspect of a dissolution is that the parties and not the court decide the outcome of the case. This implies that both parties agree, which means that both parties signed the documents. This is provided for in ORC 3105.63.

STEP FOUR – CASE FILED

WHAT IS HAPPENING – Once the documents are signed we file the case with the court. At this point, I would need the court costs if it was not done at the Document Preparation Consultation. I often file by mail, but I also sometimes personally file them. I will also give you information about how to follow your case online.

STEP FIVE – HEARING SET

WHEN – Under the statute the hearing must occur within 30-90 days of the filing. ORC 3105.64. Prior to this hearing we will need to prepare a decree of dissolution. Depending on the jurisdiction I will need to get the decree approved by the court prior to the hearing. It is during this time I might require some additional documents.

If there are children involved, the parties will have to do a parenting course before the court hearing date. Failure to do so may result in the hearing be rescheduled or the dissolution denied.

STEP SIX – HEARING

WHERE – (CUYAHOGA COUNTY) Old Court House – 1 Lakeside, Cleveland, OH 44113 and (LAKE COUNTY) Lake County Court House – 47 North Park Place, Painesville, Ohio 44077.

WHO MUST COME – BOTH THE HUSBAND AND WIFE must come to the hearing. There are no exception in a dissolution. Both parties must testify that they are satisfied with the separation agreement. ORC 3105.65(B).

WHAT HAPPENS – The attorneys ore the judge will ask questions pertaining to the marriage and the separation agreement. If the court is satisfied that both parties are in agreement and that the separation agreement is fair just an equitable (and, if there are children, that the custody arrangement is in the best interest of the children), the court will grant the dissolution. In some jurisdictions the court will process the papers there (Cuyahoga, for example) but in other courts they mail it to you (Lake County).

FEE – Typically after the hearing, and if there are no outstanding court costs, I would ask for the hearing fee. This is the last fee in the case.

If there are any questions about this process do not hesitate to contact me.