Hiring a Divorce Attorney, the Divorce Process, and

Navigating the Legal System

Presented by Susan M. Weaver, Attorney at Law

http://susanweaverlaw.com/

Hiring a Divorce Attorney

Divorce attorneys handle a variety of issues: Child custody Child support Alimony/spousal support Division of property Settlement agreements

Hiring a Divorce Attorney

Before choosing a divorce attorney, do some research: Does this attorney have relevant expertise,

qualifications, experience, and commitment? Is this attorney experienced in matters that relate

to your case? Will you be comfortable working with this attorney

and sharing your personal/financial information?

Hiring a Divorce Attorney

Ask questions: What area of practice do you specialize in? Do you practice family law? How many divorce and family law cases have

you handled? How long do you think it will take to resolve

my case?

Hiring a Divorce Attorney

Ask questions (continued): How do you predict a judge will rule on my

case, based on what you know? Do you offer divorce alternatives such as

mediation? What is your philosophy?

Divorces can be handled in more than

one way. In fact, there are nine.

Types of Divorce

Summary Divorce Expedited option Most often used by couples who have been married

for less than five years, have no children, and do not own much property

Both spouses must agree to divorce and file court papers jointly

Usually involve less paperwork than regular divorces

Types of Divorce

Default Divorce Used when one spouse files for divorce and

the other spouse does not respond or cannot be found

Types of Divorce

Fault Divorce Available if one spouse is responsible for causing the

marriage’s failure Fault grounds vary by state. In Ohio, they include:

Bigamy Adultery Extreme cruelty Willful absence for one year Habitual drunkenness Gross neglect of duty Fraudulent inducement to marriage

Types of Divorce

No Fault Divorce Neither spouse takes the blame for the

marriage’s failure Most common cause stated: “irreconcilable

differences”

Types of Divorce

Uncontested Divorce The best divorce option, if possible No formal trial Both spouses agree to:

Cooperative filing of court papers Division of all property/assets Child custody/visitation

Types of Divorce

Contested Divorce Where spouses are unable to agree on the

terms of the divorce Involves presenting the case to a judge and

possibly a court trial

Types of Divorce

Mediated Divorce A neutral third party tries to help both

spouses resolve the issues involved with the divorce

The mediator leaves actual decisions to the spouses

Types of Divorce

Collaborative Divorce Involves hiring attorneys to settle the terms of

a divorce cooperatively, without going to court

Both spouses disclose all information that is necessary for a fair negotiation

Types of Divorce

Arbitration The spouses hire a private judge to make the

same decision a regular judge could make Both spouses agree to honor the arbitrator’s

decision

Taking a divorce case to court requires time

and money.Eight steps are

involved.

The Divorce Process

Filing the Case The divorce case must be filed with the court Court papers will include any reliefs sought by

either party, including: Child support, custody, and visitation Alimony/spousal support Property and debt division

The Divorce Process

Discovery Conducted by each side to find the facts of the case Questions may need to be answered under oath The court may require documents, such as bank

statements Subpoenas may be issued to summon friends or

family to answer questions

The Divorce Process

Experts and Witnesses Witnesses may testify facts, such as things

they have seen or heard Experts may testify opinions:

Value of a house or business Someone’s physical or mental state Benefit to children of living with one spouse

over the other

The Divorce Process

Pretrial Matters If necessary, the court will schedule a pretrial hearing Both parties explain to the court the estimated trial

duration and which issues still need to be resolved The court may require the parties to attend a settlement

conference By a specified date, the parties must provide the court with

The names of their witnesses and experts A list of documents that will be used as evidence

The Divorce Process

Testimony Preparation Both spouses should

Be prepared to testify Knowing their position on things such as alimony and

child support Witnesses should know in advance

What questions they will be asked How they will reply

All documents should be organized, copied, and labeled

The Divorce Process

Attorney Discussions Attorneys are likely to continue trying to settle

while preparing for trial Settlement offers by either attorney must be

shared with both parties

The Divorce Process

Trial Witnesses are sworn in and sent out of the courtroom Preliminary matters will be discussed The attorneys make their opening statements Facts will be presented Witnesses will testify and be cross-examined Experts will testify

The Divorce Process

Trial (continued) Objections will be made Documents are introduced The judge asks questions Closing arguments are given Rules are made or taken under advisement

The Divorce Process

Court Order One attorney writes up the judge’s rulings Any appeals must be included Once the appeals are decided on, the judge

signs the final order Rulings will be carried out

The couple is now legally divorced.

Susan M. Weaver is a divorce and family law attorney located in Cleveland, Ohio. She graduated from Case Western Reserve University in 1976 with a MSSA and from Cleveland State University College of Law in 1980 with a J.D. Susan has had her own law practice since 1985. She has more than 30 years of experience and a background in social work.

While serving as the director of the Legal Department for Cuyahoga County Relations Court, Susan established a program that trains attorneys to represent the best interests of children involved in custody disputes.

Susan M. Weaver has the expertise to help you with divorce, child custody, visitation and support, and parenting. She focuses on the legal and emotional needs of her clients. Susan is committed to reducing the pain of those involved in family disputes and firmly believes that compromise, rather than an adversarial divorce that leads to a trial, is the best way to resolve issues.

Visit http://susanweaverlaw.com/about/ to learn more about Susan M. Weaver, her background, and her philosophy.