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, 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?
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
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
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.