Divorce proceedings should become less time-consuming, less expensive and easier on both couples and children following the passage of legislation Tuesday.
The Ohio Senate passed the Collaborative Family Law Act unanimously last week. The House adopted the bill Tuesday by a vote of 87-2. The bill now heads to Gov. John Kasich to sign, which he is expected to do.
The bill allows families to work out divorce settlements in more open, voluntary meetings that include the involved parties, their attorneys and any other professionals they choose to call on, such as accountants or psychologists.
If those meetings fail to reach an agreement, the case would go through trial court proceedings. Currently that is the default route for most divorces.
Collaborative meetings are already an option for couples going through a divorce, but the law would make it an approved and valid process, promoting more awareness of the option and holding lawyers more accountable.
“Essentially what this does is allow a voluntary procedure, so that families going through difficult times can work together instead of involving courts unnecessarily,” said Sen. Larry Obhof, a Medina Republican who managed the legislation in the Senate.
Divorce currently works the same way other lawsuits work. One party files, the other is served and a series of hearings begins. The parties can try to reach a settlement, but if they cannot, the case ultimately goes to trial. The process typically lasts a year if the couple have no children and 18 months if they do have children, said Barbara Roman, domestic practitioner and partner at a Cleveland law firm.
Under the new law, collaborative hearings would begin with an agreement, signed by both sides and filed with the court, in which the parties pledge to work together on a settlement. The lawyers are then encouraged to work together toward compromises, rather than against one another.
Click here to read more of this story.
About Marion Online News
