In Ohio, when parties cannot reach agreement on divorce, custody, support, or other family law matters, these issues must be resolved through formal court proceedings culminating in trial, if necessary.
Family law litigation refers to the formal legal process of resolving disputed family matters through the court system. This process includes filing pleadings, conducting discovery (formal information exchange), pretrial hearings, and potentially a trial where evidence and testimony are presented before a judge who makes the final decision regarding the contested issues. While many cases settle before trial, having skilled trial attorneys is essential when contested issues cannot be resolved through negotiation.
The family law litigation process typically includes several stages. It begins with filing and serving initial pleadings (complaint, petition, or motion), followed by a temporary-orders hearing for interim arrangements, if necessary. The discovery phase involves various methods of gathering the necessary information for trial, including interrogatories, document requests, subpoenas and depositions. In cases involving children, a Guardian ad Litem may be appointed to conduct an investigation and issue a report and recommendation regarding the best interests of the minor children. Parties and counsel will also participate in pretrial conferences with the judge, settlement negotiations, and attempts at resolution throughout the process. If settlement is not reached, trial preparation begins, culminating in a trial with presentation of evidence and witnesses. Post-trial motions and appeals may follow.
Family law litigation carries several significant consequences. If parties are unable to reach an agreement, the court has the final authority to decide all disputed issues and the judge’s decisions may not fully satisfy either party’s wishes. Any appeals from the court’s decision are limited to legal errors, not simply disagreement with outcomes. Except for in very rare circumstances, records and documents from court proceedings also become part of the public record.
If your family law matter is contested or likely to become contested, having experienced trial attorneys is essential. Our litigation team provides strategic advocacy, thorough preparation, and zealous courtroom representation to protect your interests when settlement is not possible.
Call Zukerman, Lear, Murray & Brown Co., L.P.A. today if you are facing contested family law proceedings requiring litigation.
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