Divorce Litigation in Cleveland, Ohio

If you are interested in understanding the divorce litigation process, the attorneys at Skirbunt & Skirbunt LLC can offer you their legal expertise. Our Cleveland, Ohio based law firm has helped hundreds of families navigate the divorce process for over 30 years.

Divorce litigation: What is it and when is it necessary?

Divorce litigation is a common method of ending a marriage. Litigation often occurs when divorcing individuals are unable to reach an agreement and need the court to make a decision. The parties, with help of their attorneys, submit their disputes to the county domestic relations court.

Litigation may be necessary when one of the following conditions exists:

  • Parties are unable to cooperate with one another
  • Complex or high value assets are involved
  • When one of the parties has broken the law

Divorce litigation can be a long and expensive process, but is sometimes necessary to help the two divorcing parties reach a reasonable division of assets, or resolve child custody, spousal support, child support, and other important family law matters.

Important Factors When Determining if Divorce Litigation is the Right Choice for You

  • Do you fear for your safety, or the safety of your children?
  • Are you concerned that your spouse has, or will, dissipate assets?
  • Are you unaware of the full extent of the assets and liabilities of the marriage?
  • Can you not trust your spouse to be forthcoming in making a full financial disclosure?
  • Is your spouse’s spending habits out of control?
  • Will your spouse refuse to promptly begin negotiating a fair and equitable settlement?
  • Is child custody an issue?

Divorce Litigation Process

Divorce Attorneys in Cleveland, Ohio

You may not have the opportunity to choose a process other than divorce litigation as the way your marriage ends. Your spouse may file a complaint for divorce, and you may find yourself in the midst of a lawsuit unexpectedly. You may be the victim of spousal abuse, or, perhaps, your children have been abused. Your spouse may have taken or concealed assets. You may suspect that your spouse is hiding income. In each of these instances, litigation is likely the process of choice. It provides you with the safeguards and protection afforded by the court with respect to your personal safety and access to information that would not voluntarily be provided.

Litigation is an effective process to provide yourself, and your children, with personal and financial protection. We have more than three decades of experience as trial counsel, and we will work to obtain the financial outcome to which you are entitled. We will work to protect you, your children, and your financial interests through the court, and, if necessary, through the appellate process, as well.

Some matters require the involvement of the court. Domestic violence, parental alienation, tracing of separate property, preservation of legacy wealth, and complex business and valuation issues, among others, may need the court’s involvement to protect the rights of the parties, their children, and their property.

If you believe that you may need the protection of the court, call us. We can help.

Filing of a complaint

In litigation, a divorce begins when one party files a complaint for divorce with the court. The other spouse is then served with the complaint, and files responsive pleadings with the court. During the pendency of a divorce, various issues such as temporary support, custody or criminal activities may arise. This is why a highly experienced attorney in such matters is necessary in the handling of your case.

Discovery

Discovery is the legal process by which each party acquires the information necessary to support their case. This usually includes:

  • Interrogatories
  • Document Production Requests
  • Depositions
  • Subpoenas

Discovery typically focuses on financial information, however, parties can also request pertinent information about children or other matters involved in the particular case.

Trial

Trial is the process during which both parties appear in court, with their attorneys, and proceed through the issue involved under the supervision of a judge or magistrate.

If you're looking for a team of lawyers you can trust, call Skirbunt & Skirbunt LLC.
We're here for you.

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