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”

Do I Really Need a Lawyer for My Ohio Divorce?

Consultation With An Experienced Family Law Attorney Helpful When Filing for Divorce

divorce ohio lawyerA lot of people ask or search online for the answer to this question. No one likes to spend money for a lawyer. I have attached a link that the Montgomery County Ohio Domestic Relations Court provides to the public. It is titled The Citizen’s Guide to the Montgomery County Common Pleas Court: Domestic Relations Division.

The Guide is well written, but demonstrates the complexities of the divorce or dissolution process with all the forms and rules that must be followed.

I also came across information on this topic provided by the Legal Aid Network of Kentucky. Their guidance is on point.

Do I have to have an attorney to file for divorce?

No, you do not have to have an attorney to file a divorce, but it would be helpful. It would be easier if you have an attorney, because the attorney is familiar with the divorce laws and with the courts. However, there is no requirement that you have an attorney to file a divorce, and if you cannot get an attorney, you can file the divorce on your own. You will need to Read More... “Do I Really Need a Lawyer for My Ohio Divorce?”

Divorce: College Costs – A Ticking Time Bomb?

Parents Facing A Divorce Grapple With College Costs For Their Child

divorce college ohioOn September 5th, we posted a blog article about the necessity to be clear and precise in your divorce or dissolution documents if you chose to include a college expense provision.  Truthfully, since my two sons have already graduated from college, I have not paid close attention to these escalating costs.

I recently saw a very interesting article in the online version of the Dayton Daily News addressing the increasing cost of a college education throughout Ohio and particularly the increasing costs of the room and board portion.  That article also referred to a very interesting chart from the U.S. Department of Education (which I have a link to below) showing a breakdown of the present room, board and tuition costs at most Ohio college and universities.  Those costs are staggering! Nearly every college or university in Ohio saw an increase in room and board rates of nearly 30% between 2002 and 2015.

Having handled divorce cases for over 34 years, I see parents fighting over some petty and nominal costs yet agreeing to divide future college educational expenses with very little consideration.  Did you know that the total … Read More... “Divorce: College Costs – A Ticking Time Bomb?”