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Divorce Rates on the Rise

According to the Encyclopedia for Psychology, 40-50% of married couples in the United States divorce.  The divorce rate for subsequent marriages is even higher.  Now, not every case needs to proceed to court to engage with the parties and lawyers ready to engage in battle.  Not even every case needs to go to court.  Interest piqued?

There are two main ways in Ohio to end a marriage – Divorce and Dissolution.  Dissolution is oftentimes less expensive, less stressful, and the favorite choice.  With dissolution both parties must eventually reach an agreement on the two main aspects of each domestic case: Assets and Liabilities and the division thereof and Children.  The agreement can be procured through mediation services, collaborative counsel, or simply between the parties.  Once the agreement is reached, one or both lawyers (one lawyer cannot represent both spouses per the Ohio Model Rules of Conduct) memorialize the agreement in writing and the same is filed with the court.  By statute, within 30 – 90 days a final dissolution hearing must occur.  If the parties have children, a parenting class must be taken by both parents.  There is even an option to have the matter referred to a private judge (for a modest fee, often $150.00) and have the case set for final hearing at the attorney’s office, instead of going to court.

If an agreement cannot be reached, then divorce is the only other option.  Divorces, if children are involved, are set on a 12-18 month litigation track.  Through litigation, the expenses increase drastically.  The court can order psychological evaluations and/or counseling, depositions can be taken and other experts can be utilized to calculate values of assets.  Going to court, for the client, is usually a frustrating experience — due to the volume of cases, the client may feel as if he or she never will get his or her day in court.   Meetings between counsel and the Magistrates and Judges will be held behind closed doors.

Having given a basic outline above, the attorney the party chooses is crucial.  The attorneys at Lardiere McNair, LLC will take the position on your behalf to attempt to resolve your case with the most favorable terms for a fair fee.  However, should divorce be the only option – rest assured, the attorneys at Lardiere McNair, LLC will zealously advocate for your best interest as well as the best interest of your children.  If you have any questions please contact us at 614-534-1355 or [email protected].

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