Divorce FAQ

At The Law Offices of W. Scott Russell in Lebanon, we like to spend time with our clients. We like to make sure everyone gets all of their questions answered and they understand how their case will move forward. Here are some answers to the most frequently asked questions about divorce. We encourage you to read through them and contact us for a free consultation to discuss any further questions you may have.

Should I File For Divorce Or Seek Dissolution Of Marriage?

The answer to this question will depend on the specifics of your case and whether or not you have grounds that you want to file divorce on. Each process has strengths and weaknesses. For example, in divorce you can subpoena financial information from your spouse, whereas you cannot in dissolution. However, in dissolution you can avoid some of the processes required in divorce, possibly leading to a faster resolution. An experienced attorney can help you determine the option that makes the most sense in your situation.

How Is Property Divided?

Ohio is a marital property state. All assets acquired by both spouses during the marriage are considered marital property and subject to fair and equitable division. Fair and equitable does not necessarily mean equal, although an equal split is possible. The family home, businesses and retirement accounts can all be marital property. Property acquired prior to the marriage is considered separate property and not subject to division.

What Is The Difference Between Divorce Mediation And Collaborative Divorce?

These are both alternative dispute resolution options that allow you to reach solutions on your own without court intervention. Both involve you and your spouse working together. Mediation is facilitated by a third-party neutral mediator. In collaborative divorce, each spouse is represented by a lawyer who is trained in collaborative law methods. If mediation is not successful, the case can move on to trial. In collaborative divorce, spouses sign an agreement committing to reaching an outcome through collaboration and failing to do so essentially sends the case back to the drawing board. These are just two of the key distinctions.

Will My Case Go To Trial?

Few divorce cases actually go to trial. Most are resolved through negotiation, mediation or collaborative divorce. It is worthwhile to enlist a family law attorney who is skilled in both amicable and contentious cases in the event that negotiation does not lead to an acceptable outcome and trial becomes necessary.

Do I Need A Divorce Lawyer?

Divorce is a complex process. Even the initial determination of whether to pursue divorce or dissolution of marriage is complicated. While you are not required to hire a divorce lawyer, having one on your side who knows the law and is committed to protecting you may save you time, money and serious problems in the long run. Our goal is to do what is right for you and to do it right the first time.