The legal system for divorce, dissolution, custody, child support and other aspects of family law is constantly changing. Here is an overview on how to: hire a divorce attorney, understand the divorce process, and navigate the legal system.

1. http://susanweaverlaw.com/

2. Hiring a Divorce Attorney
Divorce attorneys handle a variety of issues:
 Child custody
 Child support
 Alimony/spousal support
 Division of property
 Settlement agreements

3. Hiring a Divorce Attorney
Before choosing a divorce attorney, do some
research:
 Does this attorney have relevant expertise,
qualifications, experience, and commitment?
 Is this attorney experienced in matters that relate to
your case?
 Will you be comfortable working with this attorney
and sharing your personal/financial information?

4. Hiring a Divorce Attorney
Ask questions:
 What area of practice do you specialize in?
 Do you practice family law?
 How many divorce and family law cases have you
handled?
 How long do you think it will take to resolve my
case?

5. Hiring a Divorce Attorney
Ask questions (continued):
 How do you predict a judge will rule on my case,
based on what you know?
 Do you offer divorce alternatives such as mediation?
 What is your philosophy?

6. Divorces can be handled
in more than one way.
In fact, there are nine.

7. Types of Divorce
Summary Divorce
 Expedited option
 Most often used by couples who have been married for
less than five years, have no children, and do not own
much property
 Both spouses must agree to divorce and file court papers
jointly
 Usually involve less paperwork than regular divorces

8. Types of Divorce
Default Divorce
 Used when one spouse files for divorce and the
other spouse does not respond or cannot be found

9. Types of Divorce
Fault Divorce
 Available if one spouse is responsible for causing the
marriage’s failure
 Fault grounds vary by state. In Ohio, they include:
 Bigamy
 Adultery
 Extreme cruelty
 Willful absence for one year
 Habitual drunkenness
 Gross neglect of duty
 Fraudulent inducement to marriage

10. Types of Divorce
No Fault Divorce
 Neither spouse takes the blame for the marriage’s
failure
 Most common cause stated: “irreconcilable
differences”

11. Types of Divorce
Uncontested Divorce
 The best divorce option, if possible
 No formal trial
 Both spouses agree to:
 Cooperative filing of court papers
 Division of all property/assets
 Child custody/visitation

12. Types of Divorce
Contested Divorce
 Where spouses are unable to agree on the terms of
the divorce
 Involves presenting the case to a judge and possibly
a court trial

13. Types of Divorce
Mediated Divorce
 A neutral third party tries to help both spouses
resolve the issues involved with the divorce
 The mediator leaves actual decisions to the spouses

14. Types of Divorce
Collaborative Divorce
 Involves hiring attorneys to settle the terms of a
divorce cooperatively, without going to court
 Both spouses disclose all information that is
necessary for a fair negotiation

15. Types of Divorce
Arbitration
 The spouses hire a private judge to make the same
decision a regular judge could make
 Both spouses agree to honor the arbitrator’s
decision

16. Taking a divorce case to
court requires time and
money.
Eight steps are involved.

17. The Divorce Process
Filing the Case
 The divorce case must be filed with the court
 Court papers will include any reliefs sought by either
party, including:
 Child support, custody, and visitation
 Alimony/spousal support
 Property and debt division

18. The Divorce Process
Discovery
 Conducted by each side to find the facts of the case
 Questions may need to be answered under oath
 The court may require documents, such as bank
statements
 Subpoenas may be issued to summon friends or
family to answer questions

19. The Divorce Process
Experts and Witnesses
 Witnesses may testify facts, such as things they
have seen or heard
 Experts may testify opinions:
 Value of a house or business
 Someone’s physical or mental state
 Benefit to children of living with one spouse over the
other

20. The Divorce Process
Pretrial Matters
 If necessary, the court will schedule a pretrial hearing
 Both parties explain to the court the estimated trial
duration and which issues still need to be resolved
 The court may require the parties to attend a settlement
conference
 By a specified date, the parties must provide the court
with
 The names of their witnesses and experts
 A list of documents that will be used as evidence

21. The Divorce Process
Testimony Preparation
 Both spouses should
 Be prepared to testify
 Knowing their position on things such as alimony and child
support
 Witnesses should know in advance
 What questions they will be asked
 How they will reply
 All documents should be organized, copied, and labeled

22. The Divorce Process
Attorney Discussions
 Attorneys are likely to continue trying to settle while
preparing for trial
 Settlement offers by either attorney must be shared
with both parties

23. The Divorce Process
Trial
 Witnesses are sworn in and sent out of the courtroom
 Preliminary matters will be discussed
 The attorneys make their opening statements
 Facts will be presented
 Witnesses will testify and be cross-examined
 Experts will testify

24. The Divorce Process
Trial (continued)
 Objections will be made
 Documents are introduced
 The judge asks questions
 Closing arguments are given
 Rules are made or taken under advisement

25. The Divorce Process
Court Order
 One attorney writes up the judge’s rulings
 Any appeals must be included
 Once the appeals are decided on, the judge signs
the final order
 Rulings will be carried out

26. The couple is now legally
divorced.

27. Susan M. Weaver is a divorce and family law attorney located in Cleveland,
Ohio. She graduated from Case Western Reserve University in 1976 with a
MSSA and from Cleveland State University College of Law in 1980 with a
J.D. Susan has had her own law practice since 1985. She has more than 30
years of experience and a background in social work.
While serving as the director of the Legal Department for Cuyahoga County
Relations Court, Susan established a program that trains attorneys to
represent the best interests of children involved in custody disputes.
Susan M. Weaver has the expertise to help you with divorce, child custody, visitation and support,
and parenting. She focuses on the legal and emotional needs of her clients. Susan is committed
to reducing the pain of those involved in family disputes and firmly believes that compromise,
rather than an adversarial divorce that leads to a trial, is the best way to resolve issues.
Visit http://susanweaverlaw.com/about/ to learn more about Susan M. Weaver, her background,
and her philosophy.