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Cleveland Women's
Counsel
Many of you may have noticed the ad about "do it yourself" Dissolution of Marriage packets that Cleveland Women's Counsel has every month in What She Wants. In fact, nearly 400 women have obtained the packets since 1975 when we first made them available.
The packets consist of all the papers necessary to file and go through in court with a dissolution of marriage. Along with the actual legal forms are complete, step-by-step instructions on how to fill them out properly. The correct blue-backs and sufficient onion and bond paper are also included.
Cleveland Women's Counsel has compiled the Dissolution of Marriage Packets with the hope that divorcing women will choose to use this much simplified method of terminating a marriage. An estimated 25% of all divorces in Southern California and close to 50% in Arizona are already by the "do it yourself" method (Forbes, Februay 19, 1979). This method is less costly in terms of money than a contested divorce and, we feel, less costly in emotional terms (i.e., for the divorcing couple to work out the details of their separation themselves rather than fighting it out in court, which can be a costly, hurtful, draining process).
If women have some basic concepts about the process of dissolution, they may be encouraged to handle the dissolution in a way which is growthful, inspires self-confidence, and affords an opportunity to take care of themselves. For many women this is a powerful process since we are brought up to be dependent, unassertive, and to care for others instead of for ourselves.
The material can be used by a woman to familiarize herself with the process which dissolution will take. In addition, the sample separation agreement is of value for women who are unsure of things they should consider in the process of separatingwhether in a simple dissolution of marriage, the more traditional uncontested divorce, or in a contested divorce. The separation agreement also gives the divorcing couple a clearer picture of what their points of agreement and disagreement are.
The Dissolution of Marriage Packet is best used by couples who agree in every respect about their separation. In fact, it can only be used if complete agreement can be reached. Other criteria to keep in mind are a six-month residency requirement, a $35 filing fee to be paid to the courts, the ability to read and follow detailed directions, the availability of several hours to devote to the task, and the willingness of both spouses to sign the forms and appear in court. Also, if the forms are not properly and neatly filled out (preferably typed), the court will not accept them.
The instructions enclosed in the packet are complete and, if followed carefully, will result in the parties' marriage being dissolved. WARNING: If there are large sums of money, pension funds, or real property (land, house, etc.), or if there is any question about the tax consequences of child custody or property decisions, it is probably to a woman's advantage to consult with an attorney before signing a separation agreement. Also, if property is held jointly, it will be important to make sure the titles are unquestionably clear and confirmed in one or the other of the parties' names.
Common misconceptions exist about the domestic relations system. Many people think women have a distinct advantage in divorce situations. Myths about extravagant alimony, mothers always winning in custody cases, or women getting rich off of childsupport payments simply are not true. Women lose 45% of the contested custody cases in Cuyahoga County, alimony is being awarded less and less frequently and in smaller amounts, and child-support
p.o. box 18472 cleve. hts., oh. 44118 321-8587
orders are frequently unenforceable. If the noncustodial parent does not willingly pay child support, it is very difficult to force payment because there is a tremendous backlog of non-support cases pending in Cuyahoga County.
All of this is evidence of the desirability of the wife and husband reaching their own agreement. It is important to remember, however, that the separation agreement has long-term, even life-time, implications. The separation agreement is the crucial test of how much agreement actually exists between the parties, and it should be considered in detail before proceeding with the rest of the forms.
In cases where agreement is not easy to reach, the advantages of the dissolution of marriage will have to be weighed against a separation agreement which is not perfect. It should be noted that it is unlikely that any separation agreement will be perfect. Each party will have to give in on some things to get other things. If major disagreements exist, it will be necessary to hire two attorneys-one for the wife and one for the husband. These two attorneys will try to bring the two parties into agreement. If the attorneys are unsuccessful in reaching an agreement, the case may go to court and a judge will decide who gets what.
CWC is urging women not to agree to separation agreements which do not take all their contributions to the marriage into account. Women need to be especially alert to getting what is due them since women's work is undervalued and underpaid (if paid for at all). Usually it is easy for women not to give themselves credit for their contributions as wives, homemakers, mothers, as family wage earners while husbands were students, etc. If the couple has children, it is almost always the woman's career which is interrupted in the interests of raising the children. And, on the whole, women's opportunities in the job market are fewer than men's.
We are not providing this kit as a substitute for legal advice. Women should not rely on the materials in the Dissolution of Marriage Packet if they have any questions regarding their implications. We provide the packet only as a means of making you, woman, aware of a statute which the Ohio Legislature has passed and which may be of assistance to you.
The packets are available for a donation of $21.00 through Cleveland Women's Counsel, P.O. Box 18472, Cleveland Heights, Ohio 44118, or call us at 321-8587. If we are not available when you call, leave your name and number with our answering service and a staff member will get back to you.
The phone advocates at WomenSpace can also tell you about the packets, give you attorney referrals, and provide emotional support in the divorcing process. They can be reached at 696-3100, Monday through Friday, 1:00-5:00 P.M. Both Cleveland Women's Counsel and WomenSpace can make referrals to lawyers willing to consult with you about your "do it yourself” dissolution.
Cleveland Women's Counsel is in the process of completing a follow-up survey on women who have purchased the Dissolution of Marriage Packet. We always welcome any feedback, both positive and negative, concerning your experiences with this pro-
cess.
Page 12/What She Wants/May, 1979