Divorce and Marital Dissolution

Divorce Attorneys Mentor OH

sad woman holding a ring in her hands making a decision about divorce

Experienced Divorce Lawyers You Can Trust

If you and/or your spouse have decided that ending your marriage is the healthiest way forward, you are likely feeling overwhelmed by the complex practical, emotional, social, financial, and legal realities you are facing. Divorce is unquestionably a stressful process, but it’s important to know that you don’t have to manage the legal side of things on your own.

Working with one of our firm’s knowledgeable divorce lawyers can better ensure that you receive a fair and favorable legal outcome to your situation. Whether you’re primarily concerned with property division matters, child custody issues, or a need to resolve your case quickly, dedicated and reputable divorce attorneys, Jon Axelrod and Rochelle Hellier are here to help.

  • Jon Axelrod is the best attorney in Lake County. I have won multiple cases with him. Jon goes above and beyond for his clients. He never disappoints. I am very grateful to have found such a great well educated Attorney. Thank You Jon!

    Jamie


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Understanding Your Divorce Options in Ohio

Navigating the divorce process in Ohio can be complex, but it’s important to understand the legal landscape and available options. Ohio offers several paths for couples seeking to end their marriages, tailored to different circumstances and levels of cooperation. At our law firm, we believe in empowering our clients with information so they can make informed decisions. We take the time to explain each aspect of the process and help clients determine which path is best suited to their situation.

Selecting the Best Approach for Your Circumstances

There are three primary approaches that a couple in Ohio can utilize in order to end their marriage:

  • Marital dissolution
  • Uncontested divorce
  • Contested divorce

Each of these options features potential advantages and drawbacks, so it is important to carefully consider the nuances of your situation before committing to one over the others. There is no right or wrong way to pursue a divorce. You only need to concern yourself with the question of which approach is most likely to meet your unique needs.

The decision about which path to take depends on several factors, including the level of communication between partners, the complexity of shared assets, whether children are involved, and any contentious issues that need to be resolved. Our experienced lawyers will assess your individual circumstances during the initial consultation and offer honest advice on the best approach to taking in order to achieve your goals while minimizing stress, time, and costs.

Marital Dissolution  

Instead of one spouse filing for divorce, a couple can mutually agree to terminate their union via Ohio’s marital dissolution process. To accomplish this aim, a couple works together and with their lawyers to come to an agreement concerning property division, child custody, parenting time, and other relevant divorce terms. They then jointly submit a separation agreement to the court for approval. If the court approves, the agreement is formalized as a court order and the couple’s marriage is dissolved.

Marital dissolution can often be the most amicable and cost-effective option for couples who are able to work together cooperatively. This process generally moves more quickly than a traditional divorce, as it avoids many of the adversarial court proceedings. However, both spouses must be transparent about their financial affairs, willing to negotiate in good faith, and able to reach agreements on all relevant issues prior to filing. If disputes arise during the dissolution process, the case may need to be converted into a divorce, which could add time and cost.

Uncontested Divorce

Under certain circumstances, it makes sense for a couple that hopes to reach a mutual agreement collaboratively to file for divorce instead of dissolution. Uncontested divorce cases are ordinarily resolved via direct negotiation, attorney-led negotiation, and/or mediation. Our firm can assist you with whatever approach(es) make the most sense, given your unique circumstances, goals, priorities, and expectations if this is the right approach for your situation.

An uncontested divorce can be more flexible than a traditional divorce and can be especially beneficial when both parties agree to resolve their differences outside of the courtroom. This allows couples to have more control over the final outcome and avoid having critical decisions about property, finances, and child custody made by a judge. Mediation, in particular, provides a structured environment in which a neutral third party can facilitate productive discussions and help couples find common ground on contentious issues. The mediator can help the couple reach a mutually beneficial agreement that both parties can live with.

The benefits of an uncontested divorce go beyond just reduced legal costs and shorter resolution times. It also tends to preserve relationships more effectively than contested litigation, which is especially important when there are children involved and co-parenting will continue after the divorce. In addition, amicable divorces are typically less emotionally draining, allowing both parties to start their healing process earlier and move on with their lives faster.

Contested Divorce

A contested divorce process underscores the reality that a divorce is, in essence, a civil lawsuit filed in an attempt to end a marriage. A contested divorce process allows spouses who cannot bridge their fundamental differences outside of a courtroom – as well as victims of domestic violence and others for whom an uncontested process is ill-advised – to have a judge settle the terms of a final divorce order. Building a strong case proactively is critical when a divorce process is either likely to become contentious or is contentious from the start.

Contested divorces require formal court proceedings, including discovery, depositions, and motions, leading to a trial where the judge makes final decisions on disputed issues. While this process may be time-consuming and costly, it is necessary in certain situations. High-conflict cases, where there are hidden assets or financial deceit, or when one spouse refuses to engage in reasonable negotiation, as well as cases involving domestic violence or substance abuse, often necessitate the structure and safeguards provided by a contested divorce.

  • on went above and beyond for me. My legal issues were very frustrating and I could tell Jon and his team legitimately cared and showed compassion to me. I would definitely recommend Jon Axelrod as your attorney any day.

    Salarys

Key Issues in Ohio Divorce Cases

Regardless of the type of divorce, there are important issues that need to be addressed. In Ohio, property division follows the principle of fair distribution. This means that marital assets and debts will be divided fairly, although not necessarily equally. Our lawyers analyze all marital assets, including real estate, retirement accounts, investments, businesses, and personal property to make sure you get your fair share.

When children are involved in divorce proceedings, determining custody and parenting arrangements becomes a top priority. Ohio courts focus on the best interests of children when making decisions about these matters, taking into account factors such as each parent’s ability to care for a child, the child’s relationship with each parent, their adjustment to home and school, and the willingness of each parent to facilitate positive relationships with the other. Our team helps clients create parenting plans that meet their children’s needs while protecting their parental rights.

Learn More About Child Custody and Visitation

Contact one of our Savvy Lake County, Ohio Divorce Lawyers for Free to Learn More

Regardless of whether you and your spouse are likely to keep your divorce process amicable, it is important for you to have someone who understands Ohio divorce law inside and out advocating on behalf of your interests throughout the divorce process. That way, you’ll be able to rest easier knowing that you’re building the strongest possible foundation for the future on behalf of yourself and, if applicable, your children.

To begin moving forward, schedule a free case evaluation with one of our client-focused Mentor, OH divorce attorneys at Axelrod & Hellier Law Office by calling us at (440) 944-7300 or submitting a contact form on our firm’s website. You deserve the best as you transition into the next phase of your life. We would be honored to help you pursue your divorce-related goals during this consequential time. We look forward to speaking with you.

Common Divorce and Marital Dissolution FAQs

What are the main differences between a marital dissolution, uncontested divorce, and contested divorce in Ohio?

A marital dissolution is a cooperative, out-of-court process where both spouses agree on all terms before filing. An uncontested divorce involves one spouse filing, but both still reach an agreement collaboratively. A contested divorce is a lawsuit where a judge must decide unresolved issues like custody, support, or property division.

How is marital property divided in an Ohio divorce?

Ohio is an “equitable distribution” state. This means marital property (assets and debts acquired during the marriage) is divided fairly, though not necessarily equally, based on factors like each spouse’s income, the marriage’s duration, and contributions to the marriage. Separate property acquired before the marriage or via inheritance typically remains with the original owner.

How is child custody determined?

Ohio courts prioritize the “best interest of the child.” Decisions on legal custody (decision-making) and parenting time (visitation) are based on factors like the child’s relationship with each parent, each parent’s ability to provide stability, the child’s wishes (if age-appropriate), and the parents’ willingness to cooperate. “Shared parenting” plans are common.

What factors influence child support and spousal support (alimony) amounts?

Child support is calculated using Ohio’s official guidelines, which consider both parents’ incomes, the number of children, and parenting time. Spousal support is not automatic and is influenced by factors like the marriage length, each spouse’s income and earning potential, the standard of living during the marriage, and each party’s age and health.

How long does the divorce process typically take?

The timeline varies significantly. A simple, uncontested case can finalize in as little as 30-90 days if all paperwork is in order. A contested divorce with complex issues can take a year or longer, depending on court schedules and the level of dispute.

Why should I hire a divorce attorney if my spouse and I are amicable?

Even in an amicable split, an attorney ensures your rights and future financial security are protected. They draft legally sound agreements, advise on tax implications, ensure all assets and debts are properly disclosed, and help avoid common pitfalls that could lead to future disputes or post-divorce modifications.

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