Divorce Mediation in Ohio

In the state of Ohio there are two ways to end a marriage. One may either:

1. File a Complaint for Divorce
2. File a Petition for Dissolution of Marriage

Before you start down the path towards a divorce or dissolution, you need to understand the difference. Both a dissolution and divorce have the same legal effect. Both terminate a marriage.
 
Divorce

1. Frequently takes 1-2 years to complete.
2. Both spouses hire attorneys who normally charge $225 to $300 per hour.
3. Both spouses pay their attorney retainers of $3,500 to $10,000 to begin the case.
4. Once the retainer is exhausted, the client will receive monthly billings.
5. The plaintiff (the person filing for divorce) needs to establish one of the approved grounds for divorce, e.g., gross neglect of duty, extreme cruelty, living separate and apart for one year, etc.
6. Both the husband and wife will be required to attend several pre-trial hearings that will require time away from work.
7. If the divorce case does not settle, a trial will be scheduled. Thousands of dollars will be spent on attorneys, court reporters, expert witnesses, and court costs.

Dissolution of Marriage

1. Each spouse hires an attorney for representation in the dissolution. Each will pay their attorney a retainer and the hourly fee.
2. Alternatively, the couple might decide to hire a trained divorce mediator who will assist them in negotiating a mutual satisfactory resolution to all the issues related to ending the marriage.
3. Couples who mediate and agree to terms spelled out in a separation agreement always file for dissolution of marriage. Nothing is being contested, so there is no reason to file for divorce.
4. Spouses hiring a divorce mediator generally divide the hourly fee and any retainer charged by the mediator.
5. There are no grounds to establish with a dissolution; that is why some people refer to it as “no fault.”
6. Both the husband and wife retain their right throughout the mediation to hire an attorney as an hourly consultant.
7. Good mediators always recommend that an attorney review the separation agreement before the parties sign.
8. There is only one hearing that lasts about four minutes. Both husband and wife need to appear for the Hearing on the Petition for Dissolution.
9. The hearing is scheduled approximately five weeks after the couple files for dissolution.

What is divorce mediation and how does it work?

Mediation is a non-adversarial confidential process where a neutral facilitator helps a couple negotiate a mutually satisfactory resolution to all the issues in their divorce.

These issues might include a division of bank accounts, automobiles, real property, small businesses, brokerage accounts, and retirement assets. Couples may or may not determine that there shall be an exchange of spousal support.

For couples who want a shared parenting custody arrangement, the divorce mediator can assist in several ways. The mediator can calculate child support; help the couple determine which parent shall provide health care insurance; and facilitate the design of a parenting time plan that meets the needs and the schedule of both the minor child and the parents.

A common misperception about mediation is that mediation is only for couples who get along. This is not true. Actually, divorce mediation may be extremely effective for the high-conflict couple, who are most susceptible to the escalating tensions of an adversarial process. 

Why work out the terms of your separation agreement and shared parenting plan with a divorce mediator?
 
A. Cost: Divorce mediation will cost significantly less. The husband and wife can equally divide the fee charged by the divorce mediator as opposed to hiring two attorneys.
  
B. Puts you in control: In divorce mediation, the couple, not the court, makes all the decisions regarding the division of debts and assets, as well as child custody and visitation. The couple meets with the mediator when it is convenient for them, not when a court tells them to appear.

C. You get legal information without getting legal advice: Attorney/divorce mediators can explain the law without advocating for either side. The couple then is more likely to make informed decisions.

D. Non-adversarial: The mediator is a neutral who does not represent the interests of either the husband or the wife. The mediator is working to get a fair agreement that both parties are willing to sign.

E. Emotions are managed: Divorce mediators are trained to manage the emotions that surface during a divorce. The process is less formal and less stressful than a day in court.

F. When needed, the divorce mediator assists the couple in getting advice from other professionals such as accountants, real estate appraisers, etc.

G. The divorce mediator provides the road map: A good mediator manages the process, from identifying the issues and mediating the negotiations, to developing the mediated agreement.