Every case is different, and there is no quick test to determine if you need an attorney. We encourage you to contact our office to speak with an attorney about the specifics of your case. We are then in a better position to tell you whether, in our opinion, you would benefit from having us work on your case. It never hurts to talk to an attorney, and the initial telephone conference is free of charge. You may also seek a referral from the Columbus Bar Association through their online lawyer finder ColumbusLawyerFinder.com, or through their telephone lawyer referral service at 614-221-0754.

At Collins & Slagle Co., LPA, we take time to evaluate each prospective client’s case to determine if, in our opinion, a good faith basis exists for pursuing legal action or if there are actions outside the legal arena that could produce results. We also evaluate whether, in our opinion, it is worth the prospective client’s time, energy, and resources to obtain legal representation and/or pursue legal action. Most importantly, we evaluate whether, in our opinion, our representation will make a positive difference in the prospective client’s situation.

We must talk to you before we can be in a position to evaluate your case. While we may decide that your case is not one we can help you with, we may be able to assist you in finding someone who can assist you. If in doubt, call. It costs you nothing.

If you proceed with retaining our firm, we will evaluate all aspects of your case with you, explain your options, develop a case plan, explain what you may expect at every step, and we will take action to assist you in reaching your goals. Actions we may take include planning legal strategy, evaluating the law in the context of your case plan, strategy, and goals, interviewing witnesses, collecting records, conferring with expert consultants, preparing and filing necessary paperwork, and negotiating with opposing counsel and insurers – all within the context of your goals.

All states, including Ohio, have a two-court system: state courts and United States (also known as federal) courts.

Trial courts consist of municipal, county, mayor, and common pleas courts. Common pleas courts may include separate domestic relations, probate, and juvenile divisions. The appeals courts are intermediate-level appellate courts that hear appeals from the trial courts in both civil and criminal matters.  The state supreme court is the state’s highest appellate court.

There is also a statutorily created court known as the court of claims that hears civil cases filed against the state of Ohio and claims for compensation by crime victims.

All Ohio judges are elected for six-year terms of office. Vacancies created by death, resignation, or retirement prior to the expiration of the term are filled by appointment by the governor until an election can be held. Magistrates are appointed judicial officers who perform many of the same functions as judges. A magistrate’s decision must be adopted by the judge who assigned the case. Magistrates do arraignments, hear motions, and preside over matters in common pleas, domestic relations, juvenile and municipal courts. 

Municipal and county courts have limited jurisdiction and can only hear civil cases that fall within that court’s territorial area, and only if the claim does not exceed $15,000. (Note:  Jurisdiction refers to the power and authority of a court to hear a case. Venue refers to the geographical area where a case is tried.) In criminal cases, these courts are limited to hearing only misdemeanor offenses. The municipal and county courts are created by state statute. Some municipal courts may have geographical jurisdiction only within their corporate limits; others have jurisdiction outside corporate limits, but not countywide; still others have countywide jurisdiction. In those counties where a municipal court does not have countywide jurisdiction there are county courts.

All municipal and county courts also have what is known as a small claims court, presided over by a magistrate. These courts have limited monetary jurisdiction (claims must not exceed $3,000) and are established to enable people to represent themselves when the amount in question is not large and the cost of litigation would be more than the value of the claim.

Communities not served by a municipal court have a mayor’s court in which the mayor acts as a judge. Most of a mayor’s duties as judge consist of hearing traffic offenses and other violations of municipal ordinances. The mayor is not required to be a licensed attorney, but must complete special legal courses prescribed by the Supreme Court of Ohio. A mayor may appoint a magistrate to hear cases that come before the mayor’s court, but the appointed magistrate must be a licensed attorney who has been practicing law for at least three years. A person charged with an offense that may result in a jail term is entitled to a jury trial and may have his or her case transferred to a municipal or county court, unless he or she gives up the right to a jury trial. Appeals from a mayor’s court are taken to a municipal or county court, where the case will be heard as if no original trial had taken place in the mayor’s court.

Every county has a common pleas court consisting of one or more judges. A common pleas court hears cases involving such matters as real estate, personal injury, breach of contract, marital conflicts and business relationships. This court has jurisdiction to hear all criminal felony cases. The common pleas court also has authority to hear appeals from decisions of municipal and county courts as well as state and local administrative agencies. The jurisdiction of municipal, county and mayors’ courts is regulated by statute, but the common pleas court has countywide jurisdiction. Because this jurisdiction is established by the Ohio Constitution, it cannot be changed without a constitutional amendment.

Each county has a probate court that is part of the common pleas court. The probate court is generally charged with overseeing the administration of estates upon the death of an individual who dies a resident of the state. Probate courts also issue marriage licenses and have jurisdiction over adoptions, guardianships, conservatorships, name changes, competency hearings, and involuntary civil mental health commitments. Along with county and municipal court judges, a probate judge may perform marriages.

The domestic relations court, which may be a separate division of the common pleas court, has jurisdiction over all proceedings involving termination of marriages, annulment, legal separation, spousal support, allocation of parental rights and responsibilities (including visitation), and authority over the care and support of children of divorced parents.

The juvenile court has exclusive jurisdiction to hear cases involving juveniles (children under 18) alleged to be delinquent, unruly, abused, neglected or dependent. This court also determines issues of paternity, custody, and child support in cases involving children who have been born out of wedlock, or if no action for divorce, dissolution, annulment or legal separation has been filed in the common pleas court domestic relations division.

Appeals courts hear and decide all appeals from decisions of Ohio’s trial courts except mayors’ courts as explained above. Appeals courts also have original jurisdiction to hear certain special proceedings, which means such proceedings are filed directly in the appeals court rather than a trial court.

Ohio is divided into 12 appellate districts, with each district having three or more judges. Each case before the court of appeals is heard by a panel of three judges. These courts generally do not hold trials or hear evidence. They decide matters of law based on the record of the trial court and written arguments called briefs, which are prepared by the attorneys. After hearing arguments with respect to the trial court decision, the appeals court may either affirm or reverse the trial court, or remand the case to the trial court for further proceedings. Appeals courts issue formal decisions called opinions, which are based upon whether or not prejudicial errors were made at the trial court level.

The Supreme Court of Ohio is the highest state court and is made up of seven elected justices, one of whom is the chief justice. The Supreme Court of Ohio has some discretion to decide which cases it will take on appeal and which ones it will not hear.

The Supreme Court of Ohio decides all state constitutional questions and those cases involving questions of public or general interest. It also hears appeals from the Board of Tax Appeals and the Public Utilities Commission of Ohio (PUCO). The Supreme Court of Ohio must hear all appeals involving criminal cases where a death penalty has been imposed.

Under the Modern Courts Amendment to the Ohio Constitution, the Supreme Court of Ohio makes rules about the operation of the courts and the practice of law in Ohio. Procedural rules adopted by the Supreme Court for the operation of the courts are effective unless both houses of the Ohio General Assembly adopt resolutions indicating their disapproval.

The Supreme Court of Ohio also has authority over admission of attorneys to the practice of law as well as discipline of attorneys and judges who violate rules governing the practice of law.

The federal court system is similar to Ohio’s court system. It consists of trial courts known as U.S. district courts, appellate courts known as circuit courts of appeals and the U.S. Supreme Court. Unlike Ohio, where judges are elected, federal judges are appointed for life by the president and must be confirmed by the Senate. U.S. magistrate judges are appointed judicial officers who perform the same functions as judges. A magistrate judge’s decision, called a Report and Recommendation, must be adopted by the judge who assigned the case. Magistrate judges do arraignments, hear motions and, by statute, have certain matters referred to them, such as Social Security cases. Upon consent of the parties, they can serve as judges for civil matters. 

The U.S. court system also has specialized courts such as bankruptcy court, which determines whether a debtor can be relieved of the obligation of paying debts that are owed, or if a plan should be adopted to enable the debtor to repay debts owed; the U.S. Court of Appeals for the Federal Circuit, which deals with patent appeals; and the court of claims, which deals with claims against the U.S. government.

Federal trial courts are called district courts. Ohio is divided into two districts, northern and southern, and each district is divided into an eastern and a western division. These courts are limited to deciding only certain types of cases.

The U.S. district courts have jurisdiction over cases arising under federal law (called federal question jurisdiction), and over claims arising under state law and involving citizens of more than one state where the claim for monetary damages exceeds $75,000 (called diversity jurisdiction). They also hear criminal cases involving violations of federal law.

The appellate courts within the federal court system are known as the U.S. courts of appeals. They are divided into 12 circuits having regional jurisdiction. Ohio is in the 6th Circuit, along with Michigan, Kentucky and Tennessee. The 6th Circuit headquarters is in Cincinnati. Appeals from the U.S. district courts as well as certain specialty courts and federal agencies are heard in the U.S. courts of appeals.

The highest court in the nation is the United States Supreme Court, consisting of nine justices, one of whom is the chief justice. This court hears appeals from the U.S. courts of appeals. The U.S. Supreme Court also determines whether or not federal or state laws violate the U.S. Constitution. Although there are certain cases that the U.S. Supreme Court must accept, it generally hears only those cases involving significant legal issues of national importance.

Click here for an illustration of the litigation process.

Discovery is the process during litigation used by parties to obtain information in preparation for their case. The rules of discovery (for state-level cases in Ohio) are established by the Ohio Rules of Civil Procedure (“Civil Rules”). The Civil Rules provide for a variety of methods of discovery, with the primary methods being: (1) oral depositions; (2) interrogatories; (3) requests for production of document/other tangible things; (4) requests for admission; and (5) subpoenas. Generally, discovery is permitted with regard to all matters that are not privileged which are relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party. It is not grounds for objection to a discovery request that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

• Oral depositions:

  Generally, oral depositions may be taken of any person, and consist of that person being asked questions under oath. The questions and answers are recorded, usually stenographically by a court reporter, and often-times by video. Trial depositions are used in lieu of the deponent personally appearing at trial. Discovery depositions are used for fact-gathering, and are typically not used at trial except for purposes of impeaching a witness who gives false or inconsistent statements during trial. Additional information about depositions, including practical tips, are found below

• Interrogatories:

  Interrogatories are written questions that must be answered in writing and under oath. The default time for response is twenty-eight days, and the default maximum number of interrogatories is forty, both of which may be altered by agreement between the parties/their attorneys.

• Requests for production of documents/other tangible things:

  A request for production of documents is a request that requires a party to produce and permit the requesting party to inspect and copy designated documents or electronically stored information that are in the possession, custody, or control of the party upon whom the request is served. The same rule allows for the copying, testing, and sampling of tangible things, and the inspection, measuring, surveying, photographing, and testing of property and objects on property.

• Requests for admission:

  Requests for admission require a party to admit the truth of the matters set forth in the request, whether they be statements or opinions of fact, or the application of law to fact, or the genuineness of any documents described in the request.

• Subpoenas: Subpoenas are demands made upon non-parties to do the following:

  • attend and give testimony at a trial, hearing, or deposition;
  • produce documents, electronically stored information, or tangible things at a trial, hearing, or deposition;
  • produce and permit inspection and copying of any designated documents or electronically stored information that are in the possession, custody, or control of the person;
  • permit entry upon designated land or other property.

Arbitration is the submission of a dispute to one or more neutral and impartial third parties for a decision, known as an “award.” Awards are made in writing and are generally final and binding on the participants, unless the participants agree ahead of time that the award will be non-binding. In a binding arbitration, the participants relinquish their rights to appeal in favor of efficiency and finality. Arbitration is similar to the court process, but it is typically less formal.

The Ohio State Bar Association (OSBA), the Supreme Court of Ohio, and the American Arbitration Association provide information about arbitration on their websites.  You may visit the OSBA’s Web site at www.ohiobar.org (choose “Public Resources,” then “Legal Tools,” then “Dispute Resolution”), the Supreme Court’s Web site at www.supremecourtofohio.gov/JCS/disputeResolution, and the American Arbitration Association’s website at http://www.adr.org.

Mediation is an informal process in which an impartial person (the mediator) works with the parties to resolve a lawsuit in a way that satisfies both parties.  If you are one of the parties and an attorney represents you, then your attorney may participate in the mediation.  You and the other party may be represented by an attorney, though in a number of court settings, the parties speak for themselves.

The mediator facilitates the discussions between the parties and their attorneys (called a “facilitative” mediation), and, in some cases, may even evaluate the case (called an “evaluative” mediation).  Sometimes these discussions will include everyone in the same room.  At other times, the mediator will speak with each party or each side (attorney and client) separately. The mediator also may speak with just the attorneys, without their clients being present. The mediator will also make sure parties provide all documents, forms or other materials needed to reach an agreement.

Unless it is an evaluative mediation, the mediator will not give advice or opinions about a case or the merits of the opposing side.  It is the attorney’s job to give such advice and opinions.  The goal of mediation is to allow the parties (rather than a judge or a jury) to decide the outcome of the case.

You are not required to settle your case, but you should come to the mediation willing to discuss settlement possibilities.  Your case remains on the court’s schedule as it had been before the case was referred to mediation.  If you do not settle your case, then the case will move forward on the court’s schedule.

The court orders all parties in the case to attend the mediation. Assuming the parties are represented, their attorneys may attend, but are not required to be present unless ordered by the court.  Insurance company representatives, if any, also may attend, along with any other party necessary to settle the case. You or the other party also may invite individuals who are not necessary to settle the case.

Unlike a trial, mediation is conducted in a non-public setting. Ohio law protects mediation communications from being disclosed in court proceedings except in certain cases (such as when there are threats of harm, admissions of crimes, or admissions of abuse). Generally, no one who participates in the mediation may reveal mediation communications in any court proceeding unless the speaker and all parties agree.

If you want to be sure that mediation communications are not revealed outside any legal proceeding, you or the other party may enter into a confidentiality agreement before the mediation.

The mediator will not discuss your case with anyone, including the judge, except to say that you met and whether an agreement was reached, or if the mediation was terminated.

We find that arbitration/mediation is an excellent alternative to litigation, which is oftentimes protracted and expensive. Mediating a dispute can help you and the other party identify more possible solutions and other issues that are not included in the formal case. An agreement reached through joint effort is more likely to meet the needs of each side.  If you can settle your case without going to trial, then you eliminate the risk of losing your case or getting a judgment that is less acceptable than a negotiated agreement.  Also, you save money and time that a trial would require.  Often, courts provide mediation services at no charge to you. Any fee that may be charged is typically much more affordable than a trial.  Also, mediation discussions are less formal and generally more relaxed than a trial. Finally, if you go to trial, then you must accept the judge or jury’s decision, unless an attorney advises you that an appeal is appropriate. However, there are mediation programs in nearly all of the appellate courts and even a mediation department at the Supreme Court of Ohio level.

Ask the mediator how much time you should plan for the mediation, and reserve at least that amount of time.  Also, ask the mediator what documents, forms, etc., you need and whether you should provide them in advance.  A lack of appropriate information may require you to reschedule your mediation.  If you are represented, you should talk with your attorney before the mediation date.  Decide (with your support person(s) or your attorney, if you have one) what is important to you, your goals, what has kept you from settling, what criteria you will use to evaluate offers presented at the mediation, what the other side is likely to need to resolve the case, and who you would like to attend the mediation.  You should also evaluate the strengths and weaknesses of your case, the costs of going to trial, and the potential risks of going to trial. If you are not represented, be sure to ask for a copy of any local rule addressing mediation in that court.

Both the Ohio State Bar Association (OSBA) and the Supreme Court of Ohio provide information about mediation and mediator directories through their Web sites.  Visit the OSBA’s Web site at www.ohiobar.org (choose “Public Resources,” then “Legal Tools,” then “Dispute Resolution”) or visit the Supreme Court’s Web site at www.supremecourtofohio.gov/JCS/disputeResolution.  You can also contact the Supreme Court’s Dispute Resolution Section at (614) 387-9420.

The term “will contest” is too-often used loosely for any dispute over the property of a decedent. However, an actual will contest is limited in its application, and most disputes regarding the assets of a decedent require actions in addition to a will contest for proper resolution.

Will contests only challenge the validity of a will that has been admitted to probate, and thus only effects those assets that pass via the will. The significance of this is that a will contest is not many things, including:

Generally, the statute of limitations for filing a will contest is three months. The three-month deadline begins to run when the estate’s fiduciary files a certificate of service evidencing that the fiduciary gave notice of the admission of the will to probate. The Ohio savings statute does not apply to will contests. Thus, a will contest cannot be voluntarily dismissed and re-filed at a later time. If you believe you have an interest in a decedent’s estate, contact an attorney immediately.

A living will is a legal document you can use to express your wishes about the use of life-sustaining treatment if you should become terminally ill or permanently unconscious.  A living will:

• becomes effective only when you are unable to communicate your wishes and are permanently unconscious or terminally ill;
• says whether or not you want life-support technology to be used or not to be used;
• gives doctors the authority to follow your instructions regarding the medical treatment you want under these conditions;
• can be changed or revoked by you at any time, but cannot be changed or revoked by anyone else;
• will be followed for a pregnant woman only if certain conditions apply; and
• specifies under what conditions you would want artificial feeding and fluids to be withheld.

Also, a living will now permits you to state your intent to make—or not to make—an anatomical gift (such as organs or tissues) upon your death.

Yes.  A living will only affects care that artificially or technologically postpones death.  It would never affect care that eases pain.  For example, you would continue to receive oxygen and medical care that includes pain medication, spoon feeding and being turned over in bed.

Yes. The standard living will form specifically allows you to direct your physician to write a DNR (do not resuscitate) order for you if two doctors have agreed that you are either terminally ill or permanently unconscious, and it is medically appropriate.  Your attorney and your doctor can help answer questions about the living will form.  For more information about DNR orders, see the Ohio State Bar Association’s publication, “What you should know about…DNR Orders.”

Yes, but you should talk with an attorney because you will not be able to use the standard forms for the documents. You should also talk with your physician about your decision.

If you’ve indicated that you do not want your dying to be artificially prolonged, two doctors who have examined you must agree that you are beyond any medical help and that you will not recover.

A living will can give you and your family peace of mind whether you are 25 or 75 years of age. Traffic accidents are the leading cause of death among Ohioans under the age of 45.  The Terry Schiavo case illustrates the importance of these documents and decisions for young adults as well as older people.

It is very likely your family would be informed.  Although doctors do not need your family’s permission to follow the instructions provided through your living will, they must make reasonable efforts to notify a person named in your living will, or a family member, before following your instructions to withdraw life-support. If the person notified feels your living will is not being properly followed, or is not legally valid, an immediate hearing can be scheduled in probate court to decide if there is a legal reason why your instructions should not be followed.  By law, no one can change or overrule your living will if it was freely and correctly executed.

Yes.  If you want to allow your doctor to withhold artificial nutrition/hydration in the event you become permanently unconscious, you must expressly state this in your living will document.  However, you do not need to give any special instructions to allow your doctor to withhold nutrition and hydration if you are in a terminal condition and these measures do not comfort you or relieve your pain.

Yes, if you spell this out in your health care power of attorney.  Many people use a living will to directly state their end-of-life instructions, but if you choose to have only a health care power of attorney, you can give your agent the power to make all health care decisions, including the use or termination of life-support and artificial nutrition and hydration.

A health care power of attorney (or “durable power of attorney for health care,” sometimes known as a “DPOA”) is a legal document that authorizes another person to make health care decisions for you if you cannot make them for yourself. A health care power of attorney:

• names an individual you trust to make a wide variety of health care decisions for you at any time you cannot do so for yourself, whether or not your condition is terminal;
• becomes effective only when you cannot make your own decisions regarding treatment;
• requires the person you appoint to make decisions that are consistent with your wishes; and
• will not overrule a living will if you have both documents.

No. You may appoint any adult you wish as long as it is not your doctor or the administrator of a health care facility in which you are being treated, or any person employed by either your doctor or a health facility in which you are being treated.

Yes.  Many people will want to have both documents, because a living will only applies in limited end-of-life circumstances, whereas a health care power of attorney covers all other situations concerning your medical care whenever you cannot make health care decisions for yourself.

Since October 2003, the law has allowed for the creation of a “Declaration of Mental Health Treatment,” a document specifically designed to address mental health care concerns.  The standard health care power of attorney addresses both physical and mental health issues.  In certain cases, however, it may be advisable to have a “Declaration of Mental Health Treatment” as well.  For more information about the Declaration of Mental Health Treatment, go to the Ohio State Bar Association’s Web site at www.ohiobar.org.  Click on “public,” then “resources,” then “Law You Can Use.”  Scroll down and click on the article entitled, “What You Should Know about the Declaration of Mental Health Treatment.”

Yes, but not until she is no longer able to make those decisions on her own behalf.  A health care power of attorney covers not just life-sustaining treatment, but all aspects of medical treatment whenever the patient is unable to express his or her own wishes.

No.  You must use a different power of attorney document that applies to your mother’s business affairs.  For more information on “financial” powers of attorney, see the Ohio State Bar Association’s pamphlet, “What you should know about ... Financial Powers of Attorney.”

The Ohio State Bar Association has developed standard forms with the Ohio Hospice & Palliative Care Organization, the Ohio State Medical Association, and the Ohio Hospital Association to make it easier for the people who choose to have these documents. You may obtain a copy of these forms by mailing a request along with $3 to the Ohio Hospice & Palliative Care Organization at 555 Metro Place N., Suite 651, Dublin, Ohio 43017, or by visiting that organization’s Web site at www.ohpco.org.

You do not have to use the standard forms.  However, for either document to be valid, it must include specific language spelled out in the Ohio Revised Code. Your physician and attorney will have copies of the standard forms, as will many organizations

Make several copies. Give one to a trusted member of your family.  Keep another with your personal papers.  Leave copies with your physician and your lawyer, and, perhaps, your clergy person.

Ohio’s Living Will Law uses several terms whose meanings are provided below:

• Anatomical gift - a donation of all or part of a human body to take effect upon or after death.
• Comfort care - any measure taken to diminish pain or discomfort, but not to postpone death.  These measures may include the provision of nutrition and/or hydration and any other medical care such as pain medication and turning a patient.
• Donor Registry Enrollment Form - a form that has been designed to allow individuals to specifically register their wishes regarding organ, tissue and eye donation with the Ohio Bureau of Motor Vehicles Donor Registry.
• Hydration - fluids that are artificially or technologically administered (e.g., through tubes).
• Life-sustaining treatment - any medical procedure, treatment, intervention or other measure that, when administered to you, serves principally to prolong the process of dying.
• Nutrition - refers to food that is artificially or technologically administered (e.g., through tubes).
• Permanently unconscious - to a reasonable degree of medical certainty:  1) you are irreversibly unaware of yourself or your environment; and 2) there is total loss of cerebral cortical functioning, which results in your having no capacity to experience pain or suffering.
• Terminal condition - an irreversible, incurable and untreatable condition caused by disease, illness or injury from which, to a reasonable degree of medical certainty:  1) there can be no recovery; and 2) death is likely to occur within a short period of time if life-sustaining treatment is not administered.

Consent to withhold or withdraw life-sustaining treatment may be given by the appropriate individual or individuals, in accordance with the following descending order of priority:

1. If the patient has a guardian appointed by a probate court, then that guardian;
2. The patient’s spouse;
3. An adult child of the patient or, if there is more than one adult child, a majority of the patient’s adult children who are available within a reasonable period of time for consultation with the patient’s attending physician;
4. The patient’s parents;
5. An adult sibling of the patient or, if there is more than one adult sibling, a majority of the patient’s adult siblings who are available within a reasonable period of time for consultation with the patient’s attending physician;
6. The nearest adult who is not described above, who is related to the patient by blood or adoption, and who is available within a reasonable period of time for consultation with the patient’s attending physician.

There is not a straightforward answer to this question. The answer depends on many variables, including whether or not you are a physician or other healthcare personnel, or an individual who has consent to withhold or withdraw life-sustaining treatment from a patient, and the circumstances surrounding the order. The applicable statute, Ohio Rev. Code section 2133.11, which can be found here sets forth the specifics. If you have concerns regarding potential liability, please contact us immediately to discuss your particular circumstances.

When the Parties seek a termination of their marriage by the Court, the Court and the parties will review and value all of the assets and debts of the parties, including separate, gifted, inherited, pre-marital and marital assets as well as debts. The Court will then divide and assign marital assets and debts to the parties. Issues relating to any minor children of the parties will also be involved, such as the future residence(s) of the children, the parents’ involvement in decision-making for the children, support for the children, medical insurance for the children, and the use of dependency exemptions. Spousal support may also be involved.

• Divorce: Divorce is, at least initially, an “adversarial” proceeding. One or both of the parties invoke(s) the jurisdiction of the Court, by filing an action for divorce or a counter claim for a divorce. In a divorce action, the parties submit to the Court issues upon which they do not agree. These issues can range from all issues between the parties, or submission of just one contested issue such as custody or the valuation of marital interest in a retirement plan or business. In addition, before a Divorce can be granted, “grounds” must be proved to the Court or agreed to by the parties. A divorce may be granted on the following grounds:

  1. Either party had a husband or wife living at the time of the marriage from which the divorce is sought
  2. Willful absence of the adverse party for one year
  3. Adultery
  4. Extreme Cruelty
  5. Fraudulent Contract
  6. Any gross neglect of duty
  7. Habitual drunkenness
  8. Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint
  9. Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is obligations remain binding upon the other party
  10. On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation
  11. Incompatibility, unless denied by either party

At any time after the filing of a Divorce the parties may “settle” the pending issues and thus avoid the expense and time associated with having the Court decide or make orders regarding those issues. If the parties settle, they may draft an agreement detailing the parties’ settlement and submit it to the Court for approval. The agreement must settle all issues, which , depending on the parties’ factual scenario, may involve distribution of assets/property, distribution of debt, support allocation, and other matters

• Dissolution: The difference between a divorce and dissolution is that in a dissolution, the parties have a complete agreement before they file with the Court. As described above, in a divorce the parties are in a disagreement over at least one issue, while in a dissolution, they have agreed upon all issues.

  The parties to a dissolution enter into an agreed Separation Agreement and then invoke the jurisdiction of the Court by filing together to ask the Court to approve their Separation Agreement and make its terms an Order of the Court. As the grounds for terminating the marriage, the parties agree to incompatibility. If the parties have children, they will also enter into other agreements or documents evidencing their agreements regarding (among other things) the support of their children and the time the children would spend with each of the parties.

• Legal Separation: In a legal separation, the Court does not end the parties’ marriage; instead, the parties to a legal separation invoke the jurisdiction of the Court to declare the parties to be “legally” separate. The law provides certain grounds which a party must have before filing for a legal separation. These grounds are much the same as those necessary for the granting of a divorce.

In a legal separation action, the Court will divide the parties’ property and debt as it would in an action for divorce. Once the parties are granted a legal separation by the Court, their rights and obligations in relation to each other have been determined and their ownership of property and responsibility for debts is also determined. The parties are still married and each of them can still be considered the spouse of the other for insurance purposes. The filing of an action for legal separation by a party does not prevent the other party from filing a counter-claim for a divorce. The granting of a legal separation to the parties also does not prevent them from later ending their marriage through a divorce or dissolution.

The Court must issue an Order that the parties are legally separated before the parties are considered to actually have a legal separation.

The grounds for obtaining a decree of legal separation are:

1. Either party had a husband or wife living at the time of the marriage from which the legal separation is sought
2. Willful absence of the adverse party for one year
3. Adultery
4. Extreme Cruelty
5. Fraudulent Contract
6. Any gross neglect of duty
7. Habitual drunkenness
8. Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint
9. On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation
10. Incompatibility, unless denied by either party

Every case is different depending on the specific circumstances involved. However, the following are typical items/events associated with domestic litigation:

• Complaint: A complaint is essentially a request that the court award the requesting party certain items, for example, spousal support, child support, custody of children, certain property, and/or attorneys’ fees and expenses. A complaint is just a party’s request, and does not mean the court will grant the party’s request. Once the complaint has been filed, the parties are referred to as plaintiff and defendant, the plaintiff being the initiating party of the complaint and the defendant being the responsive party.


• Answer and Counterclaim: After the defendant is served with a complaint, the Ohio Rules of Civil Procedure require the defendant to respond to the complaint within 28 days after service of process. The defendant may also file a counterclaim within this time frame. In the answer, the defendant responds to plaintiff’s complaint by admitting or denying the averment contained in the complaint. In the counterclaim, the defendant may request that the court award the party certain items, for example, spousal support, child support, custody of children, certain property, and/or attorneys’ fees and expenses

  In addition to the complaint for divorce, answer, and counterclaim, plaintiff and defendant may file motions for temporary orders and motions for restraining orders, and may make requests for discovery. Each of these items are addressed below.

• Temporary Orders: Temporary orders are issued by the Court, and they control the parties while the case is pending. With a few exceptions, temporary orders cover the same issues that will be determined by the Court at the final hearing, but on an interim basis. The issues that are typically addressed in temporary orders include the following:

  (1) spousal support;
  (2) marital residence;
  (3) debt maintenance;
  (4) health insurance; and, if applicable,
  (5) parenting time; and
  (6) child support.

  The issues that are not addressed in the temporary orders include:

  (a) grounds for divorce; and
  (b) the division of property (real and personal). Generally, the Court grants temporary orders based on the goal of maintaining status quo as much as practical. While the Court holds a temporary order/status conference, temporary orders are initially determined by the Court based on affidavits only, which are submitted by the parties after the temporary order/status conference.

  During a temporary order/status conference, a magistrate may ask each party’s attorney about the following:

  1. Each party’s special needs;
  2. Assisting the court in determining the need for temporary order affidavits and timeframes for filing such affidavits;
  3. Narrowing the issues in controversy between the parties;
  4. Scheduling and/or coordinating the exchange of discovery between the parties;
  5. Exploring the need for experts, and potentially agreeing upon joint experts, which may avoid the duplication of expenses by both parties by using separate and independent experts; and/or
  6. Any other issues raised by the parties and/or Court.

  Typically, the magistrate conducts the temporary order/status conference in his/her chambers. The magistrate usually directs the parties to submit affidavits regarding temporary orders within 7-14 days after the conference. Upon receipt and consideration of the affidavits, the magistrate will issue the temporary orders typically within 7-28 days. The magistrate will oftentimes make the temporary orders effective as of the date that the motion for temporary orders was filed to account for the lapse in time.

• Restraining Orders: A motion for restraining order typically requests that the court restrain the other party from harassing the other party, selling, encumbering, disposing of assets, changing beneficiaries, withdrawing, encumbering, or disposing of funds in any financial institution (except checking accounts), cancelling insurance, and contracting upon a party’s credit. Along with the motion for restraining order, an affidavit signed by the party is attached, and in most instances the magistrate immediately signs the restraining order making it an order of the court. A restraining order is effective until settlement or final hearing.


• Discovery:


• Interrogatories and Request for Production of Documents: In addition to the foregoing pleadings and motions, either party may serve the other with discovery requests. Discovery requests are typically in the form of interrogatories and requests for production of documents. Interrogatories request basic information of the party and are in the form of questions that require written responses. A party’s responses to interrogatories are due 28 days from the time they are served upon the party or their counsel. Additionally, requests for production of documents typically request that specific financial documents for a specified number of years be provided to the other party. Again, a party’s responses are due within 28 days from the time they are served upon the party or their counsel.


• Depositions: In addition to the discovery requests mentioned above, a party may also request a deposition of the other party. A deposition is a formal question and answer session, which typically takes place in an attorney’s office in the presence of a court reporter. The party being deposed will answer the questions asked by the opposing attorney under oath.

The information obtained during the discovery process is useful in determining the division of both assets and liabilities and whether property is separate or marital. Separate property is usually acquired prior to the marriage, whereas marital property is usually acquired during the marriage. However, there may also be a dispute as to whether an item of property is partially marital and partially separate property, such as a retirement plan and/or credit card debt. Thus, the information gained during discovery may be useful in settling your case or, in the alternative trying it. For more information regarding discovery, please see the FAQs regarding the Litigation Process.

• Miscellaneous Domestic Litigation Matters: A typical case, from commencement to final hearing, can take up to 18 months when children are involved, and depending on the complexity of the matters can proceed past 18 months. In the event both parties are reasonably amicable during the process, it can take much less time to come to a resolution. In the event of a trial, the judge or magistrate will hear from both parties and any witnesses they call. After trial, the judge will render a written decision as to the pending matters.


• Settlement: Litigation and settlement negotiations may occur simultaneously. Thus, during the course of litigation, the parties may continue to negotiate a settlement. There may be a complete settlement of matters or a partial settlement of matters. If at any point during litigation the parties come to a complete settlement, the requisite documents will be prepared and filed with the Court, the Court will conduct a formal, but brief hearing, and the case will be completed. In the event of a partial settlement, again, the requisite documents will be prepared and that portion of the case will be complete. Any remaining issues will continue to be negotiated or will be presented to the magistrate during a final hearing. The court prefers that the parties negotiate a settlement, and therefore, settlement negotiations are always encouraged, even when litigation is pending. In most instances, a case is settled at the early stages of litigation or immediately before trial. This is more of a human factor rather than any legal issue.

The Court’s starting point for dividing property in a divorce is to presume that all property, regardless of which spouse holds title, is marital property. As marital property, it is generally divided equally, unless equal division is not equitable (fair). A party who desires for the court to award property as separate property, and thus not subject to division with a spouse, has the burden to show that the property falls within one of the following categories:

• An inheritance by one spouse during the course of the marriage;
• Property that was acquired by one spouse prior to the date of the marriage;
• Passive income and appreciation acquired from separate property by one spouse during the marriage;
• Property acquired by one spouse after a decree of legal separation issued under Ohio Rev. Code § 3105.17;
• Property that is excluded by a valid antenuptial (prenuptial) agreement;
• Compensation to a spouse for the spouse’s personal injury, except for loss of marital earnings and compensation for expenses paid from marital assets;
• Any gift that is made after the date of the marriage and that is proven by clear and convincing evidence to have been given to only one spouse.

Commingling separate property with marital property or the separate property of another spouse does not destroy its identity as separate property, unless it is no longer traceable as separate property. Thus, traceability is the focus when determining whether separate property has lost its separate character after being commingled. Again, the party seeking to have a particular asset classified as separate property has the burden of proof, by a preponderance of the evidence, to trace the asset to separate property.

The court will consider the following factors when making decisions about parenting time and parenting obligations:

1. The wishes of the child’s parent regarding his/her care
2. If the court has interviewed the child in chambers regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of this child, as expressed in court
3. The child’s interaction and interrelationship with his parents, siblings, and any other person who may significantly affect the child’s best interest
4. The child’s adjustment to the child’s home, school, and community
5. The mental and physical health of all persons involved in the situation
6. The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights
7. Whether either parent has failed to make all child support payments pursuant to a child support order under which that parent is an obligor
8. Whether either parent previously has been convicted of or pleaded to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication; whether either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child
9. Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent his or her right to visitation in accordance with an order of the court
10. Whether either parent has established a residence, or is planning to establish a residence, outside this state

The court will consider the following factors when making decisions about parenting time and parenting obligations:

1. The income of the parties, from all sources;
2. The relative earning abilities of the parties;
3. The ages and the physical, mental, and emotional conditions of the parties;
4. The retirement benefits of the parties;
5. The duration of the marriage;
6. The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;
7. The standard of living of the parties established during the marriage;
8. The relative extent of education of the parties;
9. The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;
10. The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party’s contribution to the acquisition of a professional degree of the other party;
11. The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;
12. The tax consequences, for each party, of an award of spousal support;
13. The lost income production capacity of either party that resulted from that party’s marital responsibilities;
14. Any other factor that the court expressly finds to be relevant and equitable.

Generally, you should seek the requisite medical care for injuries that you have suffered, and begin preserving evidence. Tending to your injuries and preserving evidence will be easier if your motor vehicle is equipped with first-aid supplies, a pen and paper, and a disposable camera.

Generally, do not announce to anyone that the collision was your fault. Also, refrain from discussing your injuries – or lack of injuries – with others. Most importantly, do not sign anything.

Consider undertaking the following steps:

1. Immediately seek medical attention.
2. Call the police. Request that the police create a traffic crash report. Write down the reference number for the traffic crash report.
3. Obtain basic information. At a minimum, write down the name, address, telephone number, driver’s license number, and insurance policy number for all drivers involved in the collision, and the vehicle identification number and license plate number of all motor vehicles involved in the collision.
4. Talk to witnesses. Write down the names and telephone numbers of all witnesses. Also, write down their rendition of how the motor vehicle collision occurred.
5. Take photographs. Oftentimes, photographs tell the story best. Take photographs of the scene, your damaged vehicle, and your injuries.
6. Do not sign anything. You will likely be immediately contacted by an insurance adjuster. Keep in mind that insurance adjusters do not have your best interest in mind. Insurance adjusters are looking for a quick and cheap resolution on behalf of the insurance company. By signing a settlement agreement provided to you by an insurance adjuster, you may give up your right to be adequately compensated. Similarly, drivers of commercial vehicles may try to offer you a quick settlement at the scene of the collision. By signing a settlement agreement at the scene of the collision, you may give up your right to be adequately compensated.
7. Contact us. Collins & Slagle will provide you with legal advice to protect your interests. Our firm is experienced in handling multi-million dollar personal injury cases. The initial telephone conference is free of charge.

Yes. In a typical automobile collision, the statute of limitations for a plaintiff’s claim is two years. In other words, a plaintiff has two years from the date of the collision before he is required to file a lawsuit in order to protect his interests. Up to that time, he can continue to negotiate with the defendant (the at fault party) or the defendant’s insurance company towards an amicable settlement. However, failure to file suit within two years of the collision may result in a complete bar to recovery.