Why a Pre-Trial when we agree on everything?

Question

I am going through a divorce in Ohio. Short version of the story is that my spouse and I, through our respective lawyers, have agreed on child support, parenting time, etc. What my attorney called "Temporary Orders". That has been filed with the court and the required support payments have started coming out of my check.

Can somebody please help me understand why we are going to a pre-trial when there are no outstanding issues. i.e. we agreed on debt, assets, holiday schedules, everything.

Nobody, including my attorney can give me a clear explanation about this.

Answer 1

The courts want to give you time to change your mind.  Plus, they have to process you through the system.  They're not going to just issue the divorce decree even though all parties are in agreement.  You have to go in front of the judge to state you are wanting a divorce and are in agreement (pre-trial).  And then, if there are no outstanding issues, they'll schedule another hearing for the decree.

Answer 2

Judge needs to be informed, formally for the record, on all dealings and how you will proceed.

Answer 3

I live in ohio as well and just got out of over a year of court hearings and the Pre trial there was nothing to it my lawyer and his lawyer went in and talked to the judge about what we agreed to do at the time.

Then a follow up hearing would should be the final was to come after that. However it didn't work that way and I ended up finding out why. My ex was lying to me and him and his lawyers were after more than what we were agreeing to.

I had no idea about this so after the pre trial and going in for what I thought was the final hearing it turned out bad really bad. They have to do a pre trial so some sort of order can be placed and enforced for the time being.

But I am here to tell ohio court systems and lawyers are not good with the truth or giving you the information you really need to know.

Like yourself I didn't understand the pre trial when we should have just went in for a final hearing on what agreed to. When my parents died and I was in the middle of custody issues and what not we had one final hearing and that was that. Same for my aunt and her husband and a few others I know.

That's when I figured out my lawyer didn't know what my ex and his lawer was up to. They wanted the pre trial so they could have more time before the final to s***w me in court.

When I got upset and ask my lawyer what is the deal with this they told me the pre trial was to have something temp enforced. While they prepare for the final to get what they want. So just beware you might have agreed just like I thouhgt me and my ex did but they still went after as much as they could get no matter what we agreed on.

When we went in for the final hearing I thought we were going to go over what we agreed on his lawyer told the judge we all met and we could not agree on anything.

I was mad as h**l because I never once ever met with his lawyer and never met with my ex at all after the pre trial. It was seriously messed up. So just be careful and good luck!

Answer 4

In many states couples who both consent to divorcing can submit what is called an uncontested divorce petition/complaint. You can usually only do this if you agree on all aspects of the divorce such as martial property, support, and custody. Some states also allow you to get a divorce even if some issues are not in agreement. Some time it pays to get your divorce done by a Legal Document Preparer (LDP) and not a Lawyer. A LDP can usually do it cheaper because they only prepare the paper work and do not go to court. That is where lawyers charge you the most court appearances. It could be a lawyer is padding his bill by wanting to make an appearance. To be fair your state may make procedurally necessary to go in front of a judge even in a no contest situation as a safe guard against fraud or duress in the divorce process. It may pay to consult another attorney or go online to the National Association of Legal Document Preparer (NALDP) to find a LDP who may be able to answer your specific question.