Columbus Ohio Family Law Attorneys

Law Offices of Virginia C. Cornwell

(614) 225-9316
  • Home
  • FREE CONSULTATION
  • Blogs
  • Attorneys
  • Reviews
  • Visitation Schedules
  • Contact
  • eBooks
Subscribe to the RSS Feed

Is your Ohio divorce case taking forever? Here’s what you need to know about continuances in Ohio divorces.

October 27, 2010

Answers to your Columbus Ohio Divorce questions from a Columbus Ohio Divorce Lawyer.

Is your Ohio divorce case taking forever?  Do you go to court only to have continuance after continuance?  Here’s what you need to know.

First, the old days are gone.  Divorces aren’t supposed to last for several years in Ohio.  The Supreme Court of Ohio has made rules regarding how long divorce cases are supposed to last.  Generally, a divorce case with children is supposed to last no longer than 18 months before you have a trial.  Divorces without children are supposed to either be settled or get a trial date in nine months.  However, the longer the trial was, the longer the Judge or Magistrate is going to take before they make a decision based on the evidence they received at trial.  Why?  Because the longer the trial was, the more evidence and testimony the Judge or Magistrate has to review before making a decision.  Besides reviewing all the evidence, they have to compare the evidence to the law and compose a written decision.  In Ohio, it generally takes anywhere between 4 months and one year to get a decision after a divorce trial.  A year is extreme, but it happens.   Occasionally, Judges or Magistrates take even longer, but this is becoming increasingly rare.

Second, there are going to be several hearings in a divorce before you actually get your trial date.  At a minimum, there will be one pre-trial date, but often you will have a temporary orders hearing, at least one pre-trial conference, and sometimes, a status conference or settlement conference.  THEN you get your trial date.  At most of those hearings, the clients have to be available to provide information requested by the court, and to consent to any possible settlement.  But the clients cannot be present when the attorneys talk to the Judge or Magistrate – and for good reason.  Unless you are representing yourself in your divorce case, any time you talk to the Magistrate you are giving the Magistrate evidence.  The Magistrate is only supposed to take evidence during a contested hearing, when both sides are presenting evidence.  You are not going to have a contested hearing on every court date – the cost would be outrageous, and even if you could afford it – the court doesn’t have the time.  There are simply too many cases on the docket for that.  Your divorce truly would last for years if every court date was a contested hearing.  In Ohio divorces, some things are settled by agreement or procedure, not a hearing.

Third, there are rules that attorneys, Judges and Magistrates are supposed to following when requesting and granting continuances.  In addition to whatever local rules may be established in the county and court that is hearing your divorce, the Rules of Superintendence for the Courts of Ohio provide guidelines which are designed to prevent excessive or abusive continuances.  Click here to see Ohio Rule of Superintendence Rule 41 – Conflict of Trial Court Assignment Dates, Continuances and Engaged Counsel.

You may also be interested in  a series by a Columbus Ohio Divorce Lawyer and Columbus Ohio Divorce Attorney about the process and options for ending your marriage in Ohio, and about Ohio divorce laws.  It is the third article in the series about preparation prior to file Divorce Papers.

Some of the articles in the series can be seen here:

Part 1 (Conciliation or Legal Separation), Part 2 (Dissolution or Uncontested Divorce), Part 3 (Reasons to Choose Divorce), Part 4 (Restraining Orders),Part 5 (Where will you live?), Part 6 (Paper Work), Part 7 (Health Insurance), Part 8 (Attorney Fees), Part 9 (5 Dirty Divorce Tricks), Part 10, (5 More Dirty Divorce Tricks).

In addition to the installments in this Divorce in Ohio Series , you may also find the following topics, which relate to divorce, to be helpful.

Adultery, Annulment, Alimony (Spousal Support), Best Interest of the Child, Child Custody, Child Custody Jurisdiction, Child Support (deviation), Child Support (how much), Child Support (how to pay), Child Support (lower), Child Support (myths), Child Support (resources), Child Support (sign up),Contempt, Dissolution, Divorce Basics, Divorce Myths, Foreclosure Mediation, Grandparents, Guardian ad Litem, House, International Abduction,Legal Separation, Mediation, Moving, Packet of Forms vs. Getting a Lawyer, Prenuptial Agreements (Antenuptial Agreements), Shared Parenting,Temporary Orders, Temporary Orders Affidavits, Where to File for Divorce

DISCLAIMER

Comments

  1. T says

    March 24, 2022 at 7:18 pm

    Ex fired her attorney after I paid her for him and she pocketed the money. She has refused all settlement options including shared parenting, showed up to our final trial with no documents and asked for continuance based off the way her attorney withdrew. GAL turned in extensive report recommending her time get reduced significantly and sole custody awarded to me. She told magistrate she knew she had 14 days to file objection and planned to so she could bring the pile of evidence she had against me. Continuance was granted for her to obtain new counsel but she has not and we do not have a date set. How long does it take to get new date. It’s been 15 months since the start of the divorce.

  2. J says

    April 28, 2014 at 5:40 pm

    How many continuances are you allow daughter has been to court twice now and both time they were continued. also how do you them to pay if they are payed under table and no taxes are taken out.

  3. CT says

    April 11, 2012 at 11:31 am

    What happens if the other spouse doesn’t want to go through with the divorce and hoping for a reconcilliation or can he or she slow down the divorce prcedures.

  4. TT says

    July 19, 2011 at 1:19 pm

    I was shocked when I saw this article….my Ohio Divorce took 6 years. I may never recover from this ordeal.

  5. L says

    April 14, 2011 at 12:44 pm

    I was just wondering if judges have someone to keep them “reminded” of outstanding divorce cases. Is there any chance a judge would forget he needs to rule on a case, especially if the trial was months ago?

Leave a Reply

Your email address will not be published. Required fields are marked *

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation

OHIO CHILD SUPPORT GUIDELINES CALCULATOR

Ohio Child Support Guidelines Calculator

READ THIS BEFORE YOU READ OUR WEB SITE

1. This site applies to the state of Ohio and matters of federal law only.
2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.
3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

Blogroll

  • Columbus Ohio Divorce Lawyer
(614) 225-9316

Ohio Child Support Guidelines Calculator

Ohio Child Support Guidelines Calculator

Blogroll

  • Columbus Ohio Divorce Lawyer

Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation
(614) 225-9316

OHIO STATE BAR ASSOCIATION CERTIFIED FAMILY RELATIONS SPECIALIST

Ohio Bar Association Certified Family Law Specialist

INFORMATION

  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Find us and Like us on Facebook!

Facebook

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

Archives:

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

Ohio State Bar Association Certified Family Relations Specialist

Ohio Bar Association Certified Family Law Specialist

Free Information

  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

Archives:

Find Us And Like Us On Facebook!

Facebook
  • Home
  • Blogs
  • Attorneys
  • Visitation Schedules
  • Contact
  • eBooks
  • Employment
  • Sitemap

Columbus Ohio Divorce Attorney, Franklin County Family Law Attorneys and Ohio Custody Lawyer honoring the duty to serve the best interests of our clients.

Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535