High Conflict Divorce Litigation Can Turn in to a Very Long and Expensive Legal Proceeding. Here are Some Facts to Consider.

Divorce court documents used in high conflict litigation

Divorce court documents used in high conflict litigationII have been handling high conflict divorce litigation cases for over 40 years. As part of my practice, I have encouraged collaborative settlement efforts in divorce cases for decades. This is due in large part because of the emotional and financial costs and damage attendant to high conflict divorce Court litigation.

I have found that there is little information online about how grueling and expensive this high conflict divorce litigation battle can become. So, I thought it might be worthwhile to lay out what could be involved in the Court process for folks thinking about ending their marriage to consider before jumping into filing a divorce Complaint. I am not trying to scare anyone. This blog is intended to shed light on what can happen to those embarking upon the battleship “Divorce”. It hopefully can also serve as an “eye opener”and justification why it makes sense to avoid escalating to high conflict divorce litigation as one starts to consider how to dissolve their marriage.

OVERVIEW OF THE OHIO DIVORCE COURT LITIGATION PROCESS.

  1. The divorce Complaint is filed typically with a request for temporary orders and restraining orders (and also with the other required forms).
  2. The Defendant spouse needs to be
… Read More... “High Conflict Divorce Litigation Can Turn in to a Very Long and Expensive Legal Proceeding. Here are Some Facts to Consider.”

Discovery Basics in an Ohio Divorce

discovery divorce

Why is Discovery in Ohio Divorce So Confusing? Here are the First Steps you Should Take!

discovery divorceDiscovery in a divorce or dissolution case can be a confusing part of the litigation process. It occurs in the initial pre-trial aspect of the proceeding. The ultimate purpose or goal of discovery is to make sure that both sides have all the relevant information about the factual particulars of the case. It is designed to avoid “trial by ambush” and to encourage negotiations between the lawyers after having a full understanding of all potential evidence. Ohio law allows for attorneys to request and receive almost anything which “could” lead to admissible evidence at trial. So, the scope of permissible discovery is very broad!

I. Discovery/Disclosure in a DISSOLUTION:

In a dissolution action, the entire proceeding is premised on each party making a complete disclosure of all his/her assets and liabilities to the other. The “discovery” is intended to be informal and cooperative as both parties need to come to a 100% agreement on all issues before the action is even filed with the Court.

Basic “discovery” is accomplished in the exchange of the fully completed Financial Disclosure Affidavits between them. The … Read More... “Discovery Basics in an Ohio Divorce”