Q: My huband said he filed for a divorce in February of this year 2024.
My husband said he hired an attorney in the beginning of February, he told me his attorney would write up the papers then email to him so he could look over them before signing. My husband then told me his attorney was going to mail me the papers so I could then look at them and if I did not agree I could then send back a counter offer and once I did that his attorney would file with the courts,but he (my husband)
would have to go down to the court to pay by check the filing fees. His whole story makes no sense to me. Do the court fees not come out of his retainer?
As of today I have yet to be served. He told me the paralegal was going to mail them or email them to me. Please explain to me if this is how divorce papers are served now along with the filing fees.
My husband also told me once I got my papers and made a counter with his attorney he would then file with the court and then if I found the need to retain an attorney I had to wait until they were filed with the courts.
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A:
It sounds like your husband has hired an attorney on a limited representation basis. That is, the attorney is just drafting documents, but your husband is handling the rest. If that's the case then this does sound above-board.
You do not need to wait any time at all if you want to engage your own attorney.
A: Parties to dissolution or divorce in Ohio have a right to have their own attorney review any documents they receive from another attorney who represents their spouse. When an attorney represents one party the attorney will most certainly write the documents in a way that is advantageous to their own client. All separation agreements in Ohio are valid and enforceable once they are signed. Issues of property and debt in a divorce or dissolution are final upon signing any agreement. It can be very difficult or impossible to ask for changes to agreements or court orders after documents are already signed and especially after the court has already granted the dissolution or divorce. Parties will want to ensure that they understand all issues and that all issues are resolved before they sign any papers. It is advisable for anyone going through divorce or dissolution in Ohio to seek legal representation.
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