Trusted Divorce Attorneys In Butler County Ohio

In order to address the length of time a divorce in Butler County takes, we have to be aware of the divorce process. Each step in the divorce process outlined below takes varying amounts of time, largely dependent upon: (1) the Butler County Domestic Court's available docket space for hearings to be scheduled, (2) the number of submissions being checked by the Butler County Case Management Department at the time that your documents are submitted for review, (3) the length of time required to perfect service, (4) the client's timeliness in signing required documents and fulfilling required obligations regarding the case, (5) the other spouse's retention of an attorney, (6) the amount of assets and liabilities owned by either party or by the parties as a whole, and (7) the attorney's timeliness in drafting and submitting documents to the Case Management Department. 

Butler County Domestic Relations Divorce Timeline

(1) Document Drafting:  Your attorney will draft all documents required for filing. Length of time for drafting will largely depend upon: 

a.     What Type of Pleading Is Being Filed?  Has a Complaint for Divorce been filed? If so, are you filing an Answer or an Answer and Counterclaim for Divorce?

If a Complaint for Divorce has not been filed, the initial Complaint will be drafted.

b.    Are There Minor Children? Whether or not you and your spouse have minor children, and if so, whether you and your spouse reside within the same house, or are living separate and apart from one another.

c.     Are Temporary Orders Being Requested?  The need for temporary orders will effect the amount of time needed for drafting the initial filing.  Temporary orders are intended to be temporary only, and serve to maintain the status quo during the course of your divorce. The central purpose of temporary orders is to ensure that necessary living expenses are paid and to ensure that the parents are able to exercise parenting time pursuant to a schedule that is in the best interest of the minor child or children. 

Temporary orders may involve:

i.               Temporary custody orders,

ii.              Temporary parenting schedule,

iii.             Temporary child support,

iv.              Temporary spousal support,

 v.              Temporary orders regarding payment of debts and financial obligations.

(2) Document Submission:  Documents are E-Submitted to Butler County Domestic Relations Case Management.

a.  Which Documents must be approved by case management before they can be filed?

The following pleadings are required to be pre-approved by Butler County Case Management, before they are able to be filed:

i. Complaint for Divorce  and all supporting documents.

ii. Answer to Complaint for Divorce and all supporting documents.

iii. Answer and Counterclaim for Divorce and all supporting documents.

b.  Length of Time Required for Case Management Review: 

The amount of time that case management requires to review submitted documents depends on:

i. Are There Minor Children?  The existence of minor children increases the amount of time required for case management review and approval. This is largely due to the number of additional             documents required for a divorce with children.

ii.  Are There Temporary Orders Being Requested?  Requests for temporary orders increases the amount of time required by case management to approve a submission for filing.

(3) If Documents Are Rejected By Butler County Case Management:  Amendments and corrections must be made and the documents are resubmitted for review and approval.

(4) Documents Are Approved For Filing And Are Filed With the Clerk of Courts:  Once all documents have been approved for filing, they will be copied and filed with the Butler County Clerk Of Courts. The filing fee must be paid at this time.

(5) Service Upon Spouse:  Serve the other spouse with a copy of the Complaint for Divorce. The service may be by personal service by someone not related to the case in any way, by certified mail, or by other means required by the Ohio Rules of Civil Procedure. Arrangements for service of documents are made through the Clerk of Courts’ Office.

(6) Service is Perfected Upon Spouse:  Once they are served, the other spouse must file an Answer to the Complaint within 28 days of the time served (not the date the Complaint was filed). 

75N Note:   

Request for temporary orders pursuant to Rule 75N require that the counter-affidavit must be filed within 14 days of the date of service.

(7) Parenting Class Requirement:  If there are minor children, you must attend mandatory parenting education at pursuant to the DR628 Notice of Requirement to Attend Mandatory Parent Education Class after filing. You must have your Case Number in order to register for the parenting class. Therefore, you are only able to register for the class AFTER the initial filing has occurred. If you are filing an Answer to a Complaint, the case number was issued upon the filing of the Complaint.

(8) No Answer is Filed:

a.   If the other spouse DOES NOT FILE an Answer or respond within 28 days after service:

 i.   Attorney prepares and submits to Case Management Office a Decree that resolves all issues and conforms to the court requirements/rule. 

             ii.  Upon approval of the                         Decree, the Court will                             schedule a final non-                               contested hearing.

              iii.  Once the Decree is                            approved, Mail a copy of the                  Decree to the other spouse at                the address where they were                  served at least 14 days before                  the default hearingg

               iv. Party that filed Complaint                  must attend the uncontested                  divorce hearing and bring a                    witness that can attest to                        the parties' incompatibility                    as husband and wife.

(9) If the other spouse FILES an Answer:

a.     The Court will set a SCHEDULING CONFERENCE two to three weeks after the Answer is filed. The SCHEDULING CONFERENCE is the opportunity for the Court to meet with the parties, review any issues involved in that particular case, to set deadlines for the exchange of documents and evidence (completion of discovery), and set future hearing dates.

b.  Settlement Conference  will be ordered by the Court.

   i. What is a Settlement Conference? 

         A settlement conference is a                   meeting where the parties and             attorneys work on the terms                 and  conditions of all motions in           order to attempt to reach an                  amicable resolution on all                      pending matters.

  ii. Is attendance mandatory? 

         Yes. This is a crucial stage in                 every Butler County Divorce.                 Failure to attend a settlement               conference may result in                          contempt, financial sanctions,              and imposition of attorney fees.

 iii.  Where does a settlement conference occur? This generally occurs at one of the attorney’s offices. Since          this is a meeting and period for negotiation, this doers not occur in the presence of any court officials,            judges, or mediators. Further, this is not recorded. Subject to very few exceptions, any offers exchanged          at the settlement conference are not admissible in court hearings.

       c. The Court conducts a Pre Trial Hearing after the settlement conference.

   i.   If the parties are close to a resolution:  The Court may schedule another pre trial if the parties indicate          that substantial progress has been made and the parties believe that they are close to a global                            resolution.

   ii. If no resolution is in sight:  The court will schedule a trial date if all issues are not resolved.