By Kenneth R. Goldberg, Esq.
You can save time, money and stress by hiring a retired judge to conduct your final divorce hearing. Ohio law (Ohio Revised Code § 2701.10) allows people who are terminating their marriage by divorce or dissolution to agree to transfer their case from the assigned judge at the county courthouse to a retired judge who will conduct the final hearing. Retired judges are often called private judges and there are many advantages to hiring a private judge, including:
(1) A quicker final hearing date;
(2) Scheduling the hearing at a more convenient time;
(3) Conducting the final hearing in a private setting, such as a law firm conference room or another agreed location, rather than the public courthouse; and
(4) Less time waiting (most of the hearings are concluded within 5-10 minutes).
There is a fee of approximately $150 charged by the private judge; however, using a private judge typically saves clients money because it eliminates the need for the parties and their attorneys to appear in person at Court where it could take an hour or more to finalize their case.
The process is simple:
(1) You and your spouse sign a written agreement to have your case transferred to the private judge. This written agreement is filed with the court along with other papers prepared by your attorney, which will cause the court to transfer the case to the private judge.
(2) You, your spouse, and your attorney then schedule a final hearing with the private judge at a convenient time and date and at a place agreeable to all parties.
(3) The private judge will come to the agreed location and conduct the final hearing and sign all necessary documents to be filed in Court.
Private judges have many years of experience and full authority to order the termination of your marriage. Under Ohio law, the order of the private judge terminating your marriage is just as valid as if it had been issued by the originally assigned judge. Also, using a private judge does not affect your right to enforce the order or file an appeal.
