Sadly, for many couples in Ohio whose
marriages are ending, the process of divorce often resembles all out war rather
than a peaceful parting of the ways. Each spouse has anger and that anger is
only enflamed as lawyers and fights over money and kids reach a fever pitch. If
they didn’t start off hating each other they often do by the end of the ordeal.
Thankfully it does not always have to be
this way. The Ohio Legislature recently took action to help in cases where
parties want to avoid the tumult of a nasty divorce. Just last week the state
Senate approved the Collaborative Family Law Act which makes it easier for
couples looking to split to do so in a way that avoids an ugly court battle.
Though collaborative divorce is nothing
new, it is relatively rare. The process is designed to allow couples to work
together with each other and their lawyers, financial advisors, therapists or
any other professionals they want to incorporate into the process. The process
is meant to encourage collaboration and mediation rather than litigation.
Couples and their attorneys come together
in a series of meetings to try and find solutions to the pressing issues
encountered in a divorce that work for both parties. Once all of the issues
have been settled and mutually agreed upon, the parties sign a final divorce
agreement and file it with the court. According to a recent newspaper article
on the subject, the entire process typically takes about two months when the
collaborative meetings are scheduled weekly.
Another benefit to the collaborative
process is that in the event that the parties do not agree on certain issues,
the divorce can still change course and head before a judge in a traditional
way. The worry that some people might have is that if a collaborative divorce
breaks down then information revealed during the process could later be used by
one attorney against the other party. To remedy that, legislators wrote in
language that ensures parties are not able to hire the same attorney to
represent them in the collaboration and in court. This means attorneys can
focus solely on reaching a mutually desirable resolution without needing to
keep a possible trial in the back of their minds.
If you find yourself facing the prospect
of divorce, contact an experienced Ohio family law attorney who can help guide you through the
difficult process. Count on the expertise of Twinsburg family law attorney Carol
L. Gasper.
Source:
“Divorce
cases could be easier in Ohio with new legislation,”
by Kate Irby, published at Cleveland.com.
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