Working with Couples to Successfully Untie the Knot
At Northeast Ohio Family Law and Mediation LLC, we understand that divorce can be challenging, but it does not have to be a battle. We recognize the value of preserving friendly relationships during and after divorce, especially for those who will continue to raise children. By working together, we tailor settlements to reflect our clients’ needs and interests to close one chapter with dignity and embark on a new beginning with peace of mind.
Understanding the Difference Between Dissolution and Divorce
In Ohio, there are two legal ways to end a marriage: dissolution of marriage and divorce. While both achieve the same outcome, they differ in process, complexity, and cost.
(1) Dissolution of marriage is the more amicable path, where both parties reach agreements before filing with the court. These agreements—covering property division, child custody, and support—are documented in a separation agreement and shared parenting plan. Once finalized, the court’s role is limited to reviewing the documents, ensuring full financial disclosure, and approving the agreements at a final hearing.
(2) Divorce, on the other hand, is an adversarial process that begins when one party files a lawsuit against the other. This approach is often necessary when cooperation is limited, financial transparency is in question, or temporary court orders are needed for parenting time, interim support, or asset protection. The court plays a much more active role, and if the parties cannot settle, a judge ultimately decides the outcome at trial—often after years of litigation and significant legal fees.
Regardless of whether a couple pursues a dissolution or divorce, mediation is a viable and valuable tool that can be used in either process. In a dissolution, mediation helps couples reach agreements efficiently and amicably, avoiding drawn-out attorney negotiations, and ensuring both parties’ interests are addressed in a balanced way. In a divorce case, mediation can still play a crucial role, even when litigation is ongoing. The parties can use mediation to resolve some or all disputes, reducing the time, stress, and cost of court battles.
Understanding the Legal and Financial Issues Involved
Dissolution or divorce is not just the end of a relationship—it is a legal and financial separation that requires careful planning and negotiation. Under Ohio law, married spouses have certain rights regarding property, support, and parenting, all of which must be addressed in a comprehensive agreement before a dissolution or divorce can be finalized. These agreements must be thorough, enforceable, and sustainable to protect both parties from future disputes. There are three major areas that must be resolved:
(1) Property Division: All assets and debts—whether owned jointly or individually—must be allocated between the parties. This includes real estate, retirement accounts, investments, business interests, personal property, credit card debt, and more. A well-drafted agreement must specify who retains which assets, whether any buyouts or transfers will occur, and how debts will be assumed or paid off. The details of implementation, such as signing deeds or dividing retirement accounts via a Qualified Domestic Relations Order (QDRO), must also be addressed to avoid complications later.
At NEO Family Law, we identify and review the entire marital estate, including marital property and separate property, and guide our clients through the various options for division by utilizing spreadsheets and other tools.
We help our clients identify and review separate property interests including premarital monies, gifts, inheritance, personal injury damages, and assets under a prenuptial agreement along with collecting documents to verify. We help our clients navigate discussions on these topics including their impact on a comprehensive resolution.
Whether through buyouts, sales, divisions, or offsets, we structure financial separations in a way that is sustainable for both parties. Our process ensures that logistics and timing considerations are properly planned, helping both parties make informed decisions that protect their financial future.
(2) Support: Ohio law recognizes two types of financial support:
- Spousal Support (Alimony): Whether one spouse will pay financial support to the other depends on multiple factors, including income, length of marriage, and financial need. If spousal support is included in the agreement, it must specify the amount, duration, and whether it can be modified in the future. At NEO Family Law, we assist our clients in gathering financial information to negotiate a reasonable spousal support arrangement that includes budgeting for two households, ensuring that both parties can sustain their financial independence post-divorce. We take a comprehensive and balanced approach, considering both perspectives and working toward creative compromises that achieve a practical outcome for both parties.
- Child Support: Child support is calculated using Ohio’s statutory formula, which takes into account each parent’s income, health insurance costs, and work-related childcare expenses. However, adjustments called deviations can be made based on specific family circumstances.
(3) Children and Parenting Plans: If children are involved, the court requires a detailed parenting plan outlining how parental responsibilities will be shared. Click here to learn more about Custody and Shared Parenting.
Given the complexity of these issues, mediation offers the best path to reach an acceptable, cost-effective, and cooperative resolution. Rather than battling in court—where a judge makes the final decision—mediation empowers couples to craft custom solutions that work for their unique circumstances. Our skilled attorney-mediator helps identify legal requirements, financial considerations, and parenting logistics, ensuring that nothing is overlooked. By choosing mediation, couples can create agreements that are comprehensive, enforceable, and built to last, allowing them to move forward with confidence and stability.
Summary of Legal Documents in Divorce and How Mediation Helps
Divorce requires key legal documents to ensure a clear and enforceable resolution. Below are the essential documents and their purpose:
Separation Agreement: This document clearly outlines how financial matters will be handled post-divorce. It includes a detailed division of assets and debts, specifying who retains what and who is responsible for any outstanding obligations. It also covers property transfers, spousal support arrangements, and any other financial agreements to prevent future disputes and misunderstandings.
Shared Parenting Plan: If children are involved, this plan is crucial. It provides a structured framework for custody arrangements, visitation schedules, holiday plans, and parental decision-making responsibilities. The plan should also outline how parents will communicate and resolve disagreements, ensuring a stable co-parenting relationship and minimizing the likelihood of future legal conflicts.
Petition for Dissolution of Marriage (if a Complaint for Divorce is not already filed): Once the separation agreement and parenting plan are signed, they are submitted to the court along with this petition. This legal document formally requests the dissolution of the marriage and sets the legal process in motion.
Final Court Hearing: Typically scheduled 4-6 weeks after filing (or sooner if the divorce case is already pending), this hearing is where both parties must confirm to the court that they have fully disclosed all financial information, voluntarily signed the agreements, and believe the terms are fair and equitable and in the best interests of their children. This step ensures both parties are entering into the dissolution or divorce with full understanding and consent.
Judgment Entry of Dissolution or Divorce: This is the final legal document that officially ends the marriage. The court reviews and adopts the agreements as binding court orders, ensuring that the terms outlined in the separation agreement and parenting plan are enforceable by law. Once signed by the judge, the dissolution or divorce is complete and becomes a court order.
How Mediation Simplifies the Process
Mediation creates a cooperative environment, allowing parties to:
- Customize settlements to fit their unique financial and family circumstances, rather than relying on a one-size-fits-all court decision.
- Resolve issues faster by working directly with a trained mediator who facilitates discussions and guides both parties toward mutually acceptable solutions, reducing legal delays.
- Ensure clarity and fairness by thoroughly addressing all aspects of the separation, reducing the risk of misunderstandings or disputes arising in the future.
By using mediation, couples can confidently navigate the legal process while securing a stable future with well-crafted agreements that promote long-term harmony and legal security.
Examples of Successful Divorce Mediations
Short-Term Marriage with Children.
The parties were married for a short period, were both employed, and had two young children. Through mediation, the parties were able to achieve a fair resolution that entailed jointly selling their house, paying off credit cards, and dividing the proceeds equally to purchase new residences.
Creative Property Division and Spousal Support.
The parties were married for many years and the children finished high school. The parties agreed on one party keeping the house with a buyout; dividing the retirement benefits after allocating premarital monies; and exchanging a fixed amount of spousal support and sharing college expenses.
Gray Divorce with Inheritance.
The parties had a long-term marriage. One party was retired, while the other party was still employed. The parties agreed on keeping their respective inheritances, dividing the investment and retirement accounts to their mutual satisfaction, and, based on the division of accounts, waiving spousal support.
Short Term Marriage with Children.
The parties were married for a short period, were both employed, and had two young children. Through mediation, the parties were able to achieve a fair resolution that entailed jointly selling their house, paying off credit cards, and dividing the proceeds equally to purchase new residences.
Creative Property Division and Spousal Support.
The parties were married for many years and the children finished high school. The parties agreed on one party keeping the house with a buyout; dividing the retirement benefits after allocating premarital monies; and exchanging a fixed amount of spousal support and sharing college expenses.
Gray Divorce with Inheritance.
The parties had a long-term marriage. One party was retired, while the other party was still employed. The parties agreed on keeping their respective inheritances, dividing the investment and retirement accounts to their mutual satisfaction, and, based on the division of accounts, waiving spousal support.
Schedule Your Informational Call Today
Learn more about the benefits of mediation and discover how this approach may help you. Please call us at 440-696-0550 or email us to get started.