Divorce & Dissolution
Getting started with your Divorce or Dissolution
Our process is streamlined and simple: after you contact us and book a reduced-rate consultation, we will take the time to understand your unique situation and guide you on the best path forward.
After your initial consultation, we will develop a strategy with your collaboratively. Rest assured that whatever your needs, we have an expansive network of accountants, appraisers, business evaluators, psychologists and other professionals to assist us in your case.
We are experienced in matching the specific needs of each client’s case with the individual strengths of our team and our professional resources; this is how we achieve the best possible outcome.
Important things to know when ending your marriage in Ohio.
Residency Requirements
Before you begin your divorce process, we must ensure you meet the State of Ohio’s residency requirements. These requirements are intended to prevent one spouse from finding a court in a different state in the hopes of obtaining a more favorable outcome.
State Residency
At least one spouse must have resided in the state for a minimum of six months before filing for divorce or dissolution.
County Residency
One spouse must have lived in the county where they are filing for divorce or dissolution for at least 90 days. There are exceptions to this, such as being able to file in the county where your spouse lives, even if you don't live there.
Issues in a Divorce or Dissolution that must be resolved:
The division of assets and liabilities, also called property division
Spousal support (alimony)
Child custody and shared parenting
Child support
Divorce or Dissolution?
At Friedman & Mirman, we care about your priorities and know that each case is different based on your needs. We will advise you on whether to begin your case with a divorce or dissolution.
Ohio is a “No-Fault” State
This might seem confusing since you must have grounds to file for divorce; however, the grounds have no impact on the final result. Ohio is a no-fault state, meaning that your result is not based on whether or not one party was at fault.
Grounds for Divorce
You must allege a ground for divorce in Ohio. That can be fault-based, such as gross neglect of duty, or not fault-based, such as living separate and apart for a year.
Other fault-based grounds include:
Adultery
Bigamy
Extreme cruelty
Failure to provide financial support
Fraudulent marital contract
Habitual intoxication
Imprisonment
Willful absence for a year or more
Filing for Divorce
When a divorce is filed, a court generally issues mutual restarting orders and, shortly thereafter, temporary financial and custody orders; these are in effect until the case is resolved. It’s important to have the right family law representation to protect your interests from start to finish.
Throughout this process, you may hear these two terms:
Uncontested Divorce
An uncontested divorce means the case started as a contested divorce, but the spouses settled it sometime after their case was filed. A case can be settled at any time – shortly after the case is filed or in the middle of a divorce trial. If the couple can agree on the divorce terms, it simplifies and expedites the process. This is called an “uncontested divorce.”
Contested Divorce
If the couple cannot agree on one or more issues, the divorce becomes “contested.” These issues can encompass matters, such as:
Division of property (both assets and debts)
Spousal support (alimony)
Child custody
Child support
A contested divorce is more complex and contentious than an uncontested one, at least in the beginning. The good news is that the vast majority of divorces are eventually settled, becoming uncontested.
Dissolution
A dissolution has the same outcome as a divorce: your marriage is terminated and all issues, financial and child-related, are resolved by an agreement that becomes a court order. This is an excellent divorce alternative because the two parties can work with their attorneys to agree without going to court.
The exchange of information is informal and relies on a good-faith effort by both parties. Spouses must agree on every single issue or the dissolution will not be completed.
Dissolution is appropriate for spouses who can work well together with help from their legal counsel, and those who do not require formal restraining orders, temporary support, custody orders or subpoenas.
LGBTQ+ Divorce
Since the 2015 Supreme Court ruling of Obergefell vs. Hodges, same-sex couples have had the same rights to marry as heterosexual couples. They also face the same issues when choosing to end their marriages, such as disputes over property division, support (alimony), child custody and shared parenting and child and spousal support.
Our team at Friedman and Mirman is LGBTQ+ affirming and we have experience navigating same-sex couples through family law issues.
International Divorce & Custody Issues
International divorces, with or without custody issues, can be quite complicated. Assets may exist outside of the United States, and it may be difficult to begin a divorce case here if one of the spouses is not living in this country. Also, international child custody disputes sometimes arise.
International custody cases can be very complex. Some countries are signatories to (members of) an international treaty under the Hague Convention, but many are not.
Our multilingual team at Friedman and Mirman can help in any case of international child custody disputes. Please know that timing is important; it’s critical not to wait if you think you have or may have international custody issues.
We are here to help guide you through this process and develop the right strategy.