Divorce & Domestic Relations

Domestic Relations matters are those handled in the Domestic Relations Division of the Court of Common Pleas.  This Court is assigned to hear all divorces, dissolutions, annulments, and legal separations.  This Court is also assigned to hear domestic violence civil protection orders (as opposed to anti-stalking civil protection orders which are heard in the General Division) and interstate enforcement of child and spousal support matters.  Erin handles these matters in Cuyahoga County, Lake County, Lorain County, and Medina County.  Please contact Armstrong Law Offices to schedule an initial or an extended consultation

Many people do not understand the differences between divorce, dissolution, annulment, and legal separation.  Many others understand the difference, but believe that a dissolution will be less expensive than a divorce.  Unfortunately, they may be mistaken as the cost is determined by the amount of time spent on the case rather than the type of case.  A much more important factor that drives the cost is the behavior of the parties and their counsel.

Dissolution

In a dissolution of marriage, the negotiation is done up front and a final written agreement is presented to the Court for approval.

Divorce

In a divorce, negotiations remain possible and are encouraged by the Court as well as by most attorneys.  If negotiations cannot yield an agreement, the matter can be tried to the Court for the Magistrate or Judge to hear the evidence and render a decision.

Annulment

The grounds for annulment are very specific.  If grounds can be met, the balance of the case proceeds just like a divorce.  Please contact the Armstrong Law Offices for a consultation to determine if you have grounds for an annulment.  These cases are rare.

Legal Separation

Legal separations proceed just like divorces, but at the end of the day you remain married.  Some religious traditions that frown upon divorce and may place members in poor standing in their faith may allow for the members to obtain a legal separation to determine their rights and responsibilities in relation to the estranged spouse while not violating the teachings of their faith.

Custody and Support

In all of the above-mentioned cases, if there are minor children born of the marriage or born during the marriage, custody, support, and in some cases paternity (also known as parentage) must be determined.  In all but dissolutions, custody and support, known as the allocation of parental rights and responsibilities, as well as spousal support (alimony) may be determined on a temporary basis while the case is pending and then on a “final” basis in the final order of the court.

Post-Decree Modification

“Final” is in quotes above because certain issues are subject to modification by the Court even after the rest of the case is resolved.  Children’s issues and some spousal support issues may be subject to modification if the requesting party can meet the legal standard or if the parties have agreed to the modification.