Sherri Goren Slovin and Associates

DIFFERENT PROCESS OPTIONS TO TERMINATE A MARRIAGE

When I initially meet with a client, we discuss what process will best meet his or her interests and concerns.  Every case is different and has its own dynamics.  The process chosen should be carefully considered by client and counsel. 

In Ohio there are two basic ways to end a marriage- Divorce and the Dissolution of Marriage. 

I.  Divorce

A divorce is an adversarial proceeding.  A judge or magistrate is responsible for making decisions (court orders) on issues of parenting, spousal support and the division of assets and liabilities.  There is a Plaintiff (who files the divorce Complaint) and a Defendant (who is served with the divorce Complaint and must file an Answer).  It is possible for parties to request temporary support, parenting and restraining orders.  Most substantive parenting issues are heard by the Judge.  Most other issues are first heard by magistrates.  After evidence is presented,  the assigned magistrate renders a decision.  If either party is unhappy with the decision, a transcript of the proceeding is created and the assigned judge hears Objections to the Magistrate's Decision.   This requires the filing of a transcript of the hearing before the Magistrate.  When you hear the term "litigation" this refers to a contested divorce matter. It is possible, and in fact common, for couples who are in the divorce process to ultimately reach an agreement.  This often occurs as a result of Lawyer Negotiation (see below). 

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In that case, a Separation Agreement or Agreed Entry can be submitted to the Judge to finalize the case.

II.  Dissolution

A Dissolution of Marriage allows a couple to maintain complete control over their agreement on parenting, support and property issues.  A negotiated settlement is incorporated into a Separation Agreement and where applicable, a Parenting Plan.  The Separation Agreement is jointly presented to the Court in not less than 30 and not more than 90 days after a Petition for Dissolution is filed with the court.  In the case of a Dissolution, there is no Plaintiff or Defendant.  Rather, the parties are co-petitioners seeking an end to their marriage.  Both parties MUST appear in court for a final Dissolution hearing.   If one party is unable to appear, the parties will file a Divorce with Separation Agreement.  This will allow the matter to conclude in no less than 42 days with one party appearing in court.

Options to Reach Agreement in Dissolution:

A. The Kitchen Table

Some couples are able to sit down "at the kitchen table" to sort through their issues and reach agreements. It is advisable for both to have had prior consultations with lawyers so that they each have some understanding of the nature of their legal rights and obligations. This process tends to work well in uncomplicated cases. Where couples divide pension plans or there are complex legal issues, there may be difficulty with this approach.  It may be possible for couples to use "the kitchen table" for some parts of their disputes.  For example, most couples do not use professonals to divide household goods.  Couples may be able to resolve basic parenting issues at the kitchen table, but may need additional assistance with other issues. This type of negotiation can be problematic where one spouse feels less powerful than the other and may feel coerced into an agreement.

My role if you choose to use:  "The Kitchen Table":

B. Mediation

In a mediated case, a couple meets with a mediator who serves as a neutral facilitator.  The mediator can be an attorney or mental health professional.  It is recommended that Husband and Wife each have attorneys who can provide advice and counsel during the time the couple is in mediation. In most situations, the attorneys are not present in the mediation sessions, although they can be present at the discretion of the mediator and/or Husband or Wife. The mediator uses a structured problem solving process to assist the couple in reaching an agreement. The mediator does not give legal advice nor does the mediator act as a decision-maker for the couple. In Ohio, the mediator does not draft the final documents required by the court or take the case through the court system. 

My role if you choose to use Mediation: 

• In addition to my law practice, I have been a mediator since 1987.  If you would like to work with me as a mediator, I am retained by both Husband and Wife as my clients.  In that event, I am not retained as a lawyer.   I will speak to both parties before initiating a mediation.   I recommend that parties have consulting lawyers.  I can provide you with a list of attorneys who can serve as consulting attorneys at a reduced rate. 
• If you are in mediation with another mediator, I can assist as a consulting attorney.  The retainer for this type of representation is reduced as the role of the lawyers is limited. 

C. Collaborative Practice/Collaborative Family Law/Collaborative Divorce

Collaborative Practice is also known as Collaborative Family Law or Collaborative Divorce.  In a Collaborative Divorce case, a Husband and Wife each retain attorneys who have received special training in the principles of win/win (interest based) negotiation and collaborative strategies. There is a shared negotiation choreography. Much of the process takes place in  meetings that are structured to promote an exchange of ideas and interests that ultimately allow the couple to create options for the settlement of the case. The environment allows for structured problem-solving and improved communication between the parties. In some cases, trained mental health professionals (Family Relationship Specialists) and/or financial planners become part of a team to assist the family transition.  At the inception of the process, both clients and lawyers sign a contract, called a Participation Agreement, that the lawyers will not litigate nor will the other parties testify in the event of impasse. If the case reaches impasse and all settlement options are exhausted, both parties must retain other counsel to litigate. I believe in the right circumstance that this can be a powerful process to to help families move through the end of a marriage.

At its essence, Collaborative Divorce is a client centered commitment to a principled, negotiated settlement, following established protocols and an established choreography without the threat or use of court action.  For more information about Collaborative Divorce please see:   http://www.collaborativelaw.com or http://www.collaborativepractice.com/ 

My role if you choose to use Collaborative Divorce: 

• I am retained as a Collaborative Lawyer.  A spouse must also retain a Collaboratively trained lawyer.  The representation is what is known as "limited representation".  That means I will not litigate the matter.  All of my energies are focused on helping a client reach a creative settlement that will meet as many interests and goals as possible.  Contractual commitments are made to full disclosure and confidentiality.  Often, the parenting issues are resolved by a Parenting Specialist.

D. Lawyer/Lawyer Negotiation

This type of negotiation is different than Collaborative Divorce.  There is neither choreography nor written commitments.  In most situations,  lawyers create and circulate proposals.   Lawyer negotiation takes place in both the Divorce and the Dissolution context. 

My role if you choose to Lawyer/Lawyer Negotiation: 

• If a client is not comfortable in the Collaborative Divorce approach, or we determine after consultation that the Collaborative approach would not be helpful or appropriate, or if a spouse chooses a lawyer who has not been trained as a Collaborative Lawyer, I will assist with the negotiation.  I litigated on a limited basis and will discuss whether my representation in your matter would include litigation. 

© 2010 Sherri Goren Slovin. All rights reserved. The laws governing legal advertising in the state of Ohio require the following statement in any publication of this kind: "THIS IS AN ADVERTISEMENT." This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Contacts via email do not create a confidential relationship and do not create an attorney-client relationship.

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