Getting Out: A Divorce Divorce Manual

The following is the second in a series of excerpts from GETTING OUT: A Divorce Manual, written by the law students and attorneys of the Domestic Relations Project of the Cleveland Chapter of the National Lawyers Guild. Requests for copies, comments and criticisms should be directed to Women's Caucus, National Lawyers Guild, P. O.Box 02133, Cleveland, Ohio 44102. Prices are $1.00 per individual copy, and $.75 per copy for orders of 50 or

more.

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LAWYERS

Once you decide to end your marriage, you must decide if you want a lawyer.

You can do your own divorce. This is called a pro se divorce. Before choosing to do a pro se divorce, there are many things you should think about. You may want to do your divorce pro sc if:

1. You and your husband both want the divorce.

2. You have no children.

3. You have little or no property and no need for alimony.

4. You have children, property, and/or want support AND you and your husband agree complete. ly on these matters.

A word of warning -if your husband has a lawyer, you should probably have one also, or at least talk to

one.

No one can stop you from doing your own divorce. Make sure you know the law and how the court works. Even in the best case, you may have trouble with the clerks and judges.

To get the information you need, you should start by reading this book. The book cannot give you all the information you will need. You can get more information from different people and groups in the Cleveland area (see the list in the Appendix), You might want to visit the Domestic Relations court to look around. It may be a good idea to bring a friend along for moral support,

Doing your own divorce can be a hassle. It can also be a big step towards being on your own. Deciding what you want to do with your life and then doing it may give you a new feeling of strength and self worth.

Getting a Lawyer

If you or your husband do not want a divorce, or you do not agree as to custody or support, you will probably be better off with a lawyer to protect your interests. You may also want to have a lawyer even and husband agree because you do not want the hassle of doing your own divorce, or you want professional advice and support, or for many other reasons.

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Legal Aid

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If your income is very low, you may be able to get a Legal Aid lawyer. If you are on welfare or if you have a family of four with an income around $6,000 a year, you probably can get Legal Aid. If you have no income but your husband is working and making more than the limit, you will not be able to get Legal Aid. To get a Legal Aid lawyer, go to the closest Cleveland Legal Aid Office (see Appendix) and they will help you. Legal Aid has many cases and you may have to wait several months before filing your divorce.

Private Attorney

You will have to get a private lawyer if you cannot usé Legal Aid. You may find a lawyer through a

friend or through a referral group. (See Appendix.) Ask them questions about the lawyer. Has s/he done divorces before? What does s/he charge? Will s/he let you know what is going on? Have other people been happy with her/his work? Will your lifestyle affect the way s/he handles your case? Remember there are thousands of lawyers in this arca. There is nothing wrong with shopping around to find one who suits your needs. You can shop around by using referral services (see Appendix) or by using the yellow pages.

When you talk with the lawyer, make sure you will be able to work together. Be sure the lawyer respects you and that s/he is someone you feel you can trust. Remember, you will have to live by what your lawyer does.

Ask the lawyer what the fee will be. Be sure you understand what this fee covers and how you will pay her/him. You can ask that the court order your husband to pay your attorney's fees, but your attorney may come to you for the payments if your husband does not pay.

Talk with your lawyer about all the possible ways you can end the marriage. Find out what each of these ways will mean to you. You should be the person who makes the final decisions since you will have to live with them. If you need time to think something over, take it. By all means, do not sign or agree to anything unless you fully understand it.

If there is anything you do not understand about your lawyer's fees or about the way your case is being handled, ask. Your lawyer should have good reasons for doing something. Ask -and keep asking until you get an answer. Remember, a lawyer is hired by you and can be fired by you if you do not like the job s/he is doing.

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JEANNE GRUNDBERE

Requirements

FILING THE DIVORCE

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In Cuyahoga County, the court in which you file your action is called the Court of Common Pleas, Division of Domestic Relations. You can file the action in the county where you live OR the county where your husband lives. If you file where you live:

1. You must have lived in Ohio for at least six months, AND

2. You must have lived in the county for at least 90 days.

The only exception to this is when you ask the court to give you Alimony Only. Then you do not have to live in Ohio or the county for any set period of time.

If your hushand is in the military, he may have to sign a paper called a military waiver. This says that he agrees to be sued for divorce. If your husband is in the military and does not sign this paper, he may then he able to go to court at a later date and fight the divorce.

When your casc has been filed, the court will give it a case number. Remember this numher. It is the way the court will identify your case.

Notifying Your Husband

Once file an action with the court, your you husband must be notified that be is being sued for divorce. This notice is called SERVICE OF PROCESS. The law allows only certain ways for it to be given.

If you know where your husband is

If you know where your husband can be reached:

1. The court will send the notice by certified mail to the address given in the complaint you file. This address can be his house, his place of work, his parents' or other relatives' address, or any other place he is likely to be reached. The notice can also be given to your husband in person.

2. Either your husband or someone else at the address will have to sign for the notice when it is delivered.

3. If the notice is not signed, it will be sent back to the court. If this happens, the court can then send the notice by regular mail. The court will not automatically do this. If the notice is returned unsigned, you must ask the court to send the notice by regular mail.

4. If the notice sent by regular mail is not returned, it is assumed by the court that your hushand has received it.

Once your husband has received the notice, the court will wait 28 days for your husband to ANSWER. If he does not answer, your divorce is uncontested. If he does answer, your divorce is contested. NOTE: The court often lets parties answer after the 28 days.

APPENDIX

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Support Groups and Emergency Help

Alcohol Hotline

391-2300

Battered Women's Hotline

961-4422

Cleveland Rape Crisis Center

391-3912

Free Clinic

721-4010

Psychiatric Emergency

229-4545

Victim's Service Unit

623-7342

Welfare Rights Organization

241-5926

WomenSpace

696-3100

Legal Help and Referrals

American Civil Liberties Union

781-6276

Cleveland State University Legal Clinic 687-2525 Cleveland Women's Counsel

321.8585

Cleveland Women Lawyers Association 696-0385 Free Clinic

721-4010

Legal Aid Society

687-1900

National Lawyers Guild

687-2351

People's Law Center

631-4741

University Legal Center (CWRU)

368-2677

621-3443

Women's Law Fund

Governmental Agencies

County Welfare Department Social Security Office

Uniform Reciprocal Enforcement and Support Office

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861-7700 476-1414

··5 628.7826

October, 1978/What She Wants/Page 5