Divorce: Contested, Uncontested, or Cooperative

One of the most common misunderstandings in a divorce case involves the parties and the type of divorce they need.   In Ohio, there are three basic kinds of “divorces,” although only two of them actually carry that name.   The normal, stock-standard divorce that everyone knows is a “contested divorce” – the parties each get a lawyer, the lawyers fight it out – maybe in court, maybe out of court – and at the end, there may be a trial, or there may be a settlement. This type of divorce covers every issue including property division, custody, child support and spousal support, etc.   On the other hand, there is an option for an “uncontested divorce.” In an uncontested divorce, only one party really attends and participates. This most often happens when one party files the proper paperwork, and the other party fails to respond in time. In this case, after the party has been properly served and fails to respond, the court will schedule a “final hearing” that will act as the “trial” in the matter. Proper procedure must be followed to ensure the non-participating party’s rights were not violated. At the close of the final hearing, the court issues an order dividing property and custody. However, many judges will not divide property and custody in these cases because one party was not heard (never mind that they have chosen not to participate). This gives them a better-than-normal opportunity to challenge the judge’s order, which stems from legal principles about the right to be heard. So, an uncontested divorce is often best for cases where there is no property or custody to dispute.   The third type of divorce is called a “dissolution.” A dissolution is a type of divorce where, rather than fight over every issue the parties come to an agreement about all issues – property, custody, support, debt, etc. That agreement is written down, approved by the court, and turned into an order that is enforceable by the court. A dissolution is almost always cheaper and faster than either of the two types of divorce. But be careful! If at any point in the process the parties can no longer agree, the dissolution has to be changed to a divorce, which usually involves paying an additional filing fee, extends the case timeline, and requires major time and expense.   Whatever your needs, EQUES® Law Group can help! Reach out to us at 1(844) My-EQUES for a consult with one of our skilled family law attorneys today. Hunter Legeza Associate Attorney EQUES® Law Group 1 (844) My-EQUES