DIVORCE
You Are Not Alone, According to the American Psychological Association, “about 40 to 50 percent of married couples in the United States divorce.”

During divorce, disputes regarding property division, support and child custody can quickly evolve into complex legal battles in which parties can be taken advantage of. As such, you need an experienced Columbus attorney to have your back. At Funkhouser Law, we provide reliable, trusted legal advice and counsel to our clients throughout the divorce process. We devote personal attention to achieving the best outcome for every client.

DIVORCE CAN PROCEED IN ONE OF TWO WAYS
In Ohio, a divorce can proceed in one of two ways: contested and uncontested. When a divorce is uncontested, it is because the person filing for divorce filed and delivered a complaint that went unanswered or because the terms were agreed upon. If a case is uncontested a hearing must be scheduled after 42 days to finalize the divorce.

When a divorce is contested, it is because the parties cannot agree upon the terms of the divorce. This becomes apparent, if after the divorce papers are served, the adverse party responds suggesting different terms.

GROUNDS FOR DIVORCE
Whether or not the divorce is contested, there must be grounds for why a divorce should be granted. In order to go forward, there only needs to be one ground for divorce. Not to worry, Ohio is a no-fault state, so it’s not necessary for any one party to take the blame for the divorce. The grounds are listed below.

(A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought;

(B) Willful absence of the adverse party for one year;

(C) Adultery;

(D) Extreme cruelty;

(E) Fraudulent contract;

(F) Any gross neglect of duty;

(G) Habitual drunkenness;

(H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;

(I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;

(J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;

(K) Incompatibility, unless denied by either party.

DIVORCE SERVICES
Protect Your Assets During Your Divorce

When a marriage ends, there is a potential for stressful and expensive legal battles where people can be taken advantage of if they do not receive the right advice from legal counsel. Funkhouser Law will fight for you. You can go forward knowing that our attorneys will do everything within their power to keep your assets and interests in your hands.

Ohio divorce law entails many rules and procedures governing the divorce process. The attorneys are well-versed in Ohio divorce law and know how to navigate this system. Funkhouser Law will help you finalize your divorce in the most efficient way possible. We use every method available, including negotiation and mediation, to help our clients complete their divorces in the most stress-free way. However, if you must go to court to protect your financial and/or parental rights, you can trust our firm to provide the most impassioned courtroom advocacy you need to be successful.

FINALIZING YOUR DIVORCE
In order to finalize a divorce, with your help, your attorney will need to prepare an affidavit of assets and liabilities, which will tell the court who should keep what. This is where you will have to provide the values of everything that was purchased during the marriage including pots and pans, furniture, vehicles, houses, etc.

Temporary Orders
While a divorce is being processed, a judge may issue a Temporary Order in order to allocate parental rights and responsibilities. While it is up to you whether or not you want to implement a temporary order, at Funkhouser Law, we always recommend a Temporary Order to avoid future problems and expenses that can arise when there is a disagreement. Temporary Orders can include the allocation of parental rights and responsibilities, payment of debts & utilities, spousal support and any other matter that needs to be addressed before the divorce is finalized.

If you are interested in getting a Temporary Order, ask an attorney at Funkhouser Law to file a motion and affidavit with the court. At Funkhouser Law, we draft the motion and affidavit for which you will need to sign. Once the motion is filed along with the initial Complaint, a hearing date is set. These hearings are affidavit only hearings in which you cannot testify, so if you have information you think the court should consider in deciding custody or other such matters, you should provide this information to your attorney.

Temporary Orders Hearings
Temporary Orders hearings are very informal. During these hearings, you are required to attend, but you will wait outside while your attorney negotiates with the other attorney in front of a magistrate. If an agreement is reached, you will then be asked to enter the courtroom and tell the judge whether you agree to the terms.

Status Conference
At the same time as the Temporary Orders Hearing, the magistrate will hold a Status Conference in which both spouses must attempt to reach an agreement of all issues in the controversy.

Pre-trials
If the divorce is contested and there is still disagreement of issues regarding allocation of assets or custody, the judge will schedule a pretrial. Prior to the pretrial, your attorney will prepare and file an argument with respect to the issues. At the pretrial, the judge may inquire further into the facts and then the judge will inform the parties how the court stands on the issues. At this point, some cases settle and others go on to trial. If the case does settle, the case will then go to a final hearing.

Final Hearing
At a final hearing, either the parties present an agreed upon statement of the facts, or the judge decides on them and each party will be given a certified copy of the decree and the divorce is finalized.

Trial
At trial, both parties and their lawyers will put forth their arguments in front of a judge. Witnesses and experts may be called in to testify and a judge will make a decision. As these cases can be hotly contested, it is important to have an experienced trial attorney on your side. At Funkhouser Law, we pride ourselves on strong client advocacy.

Parenting Seminar
In the case of a divorce when there are children involved, the court requires that the parents attend a parenting seminar within 45 days of the filing. Your attorney will receive this information when the case is filed and he or she will immediately send you a copy. At this seminar, a parent can expect to receive advice on how to minimize the affects the divorce could have on the child.

LawFacts Pamphlet Series, Ohio State Bar Association, Divorce, Dissolution & Separation, (May 15, 2015).