Couples facing divorce in Ohio often have a hard time negotiating with one another about what should happen to their property. They may disagree about what assets are worth and who should keep them, as well as who should be responsible for different debts.
Some couples can eventually work out a settlement through negotiations or by attending mediation. Others may have no viable choice but to attend family court because they cannot agree. A judge will then potentially have to go over family financial records and hear statements from each spouse so that they can divide their marital estate in accordance with Ohio law.
Recently, an Ohio family law judge has started drawing national attention because of their practice of assigning a receiver during divorce cases. Are court-appointed receivers necessary in the average Ohio divorce?
Receivers can complicate divorces
A receiver is a court-appointed professional whose sole responsibility is to manage and potentially sell certain assets. A judge out of Cayuga County has recently started drawing attention from legal professionals and news outlets because of the repeated decision to assign receivers in divorce proceedings.
Receivers can be very expensive, as they require payments for their services. Their role is to preserve and potentially liquidate certain marital assets to facilitate an appropriate outcome to the property division process. They help prevent dissipation and other forms of financial misconduct. In all but the rarest of cases, spouses can usually maintain their assets without professional help and can also arrange for the sale of their property when necessary.
Amicable divorces don’t require as much intervention
Uncontested divorce proceedings or dissolutions are an option for couples who can work out agreeable terms for property division and other major choices for upcoming divorce proceedings. Provided that spouses have already reached a resolution for their biggest assets, having a receiver would not be necessary.
Even when spouses disagree very strongly about how they should share their assets, the possibility of losing more of their marital estate during the conflict could be a powerful inspiration to help them work together and settle their disagreements. Ultimately, therefore, it’s usually a good idea to have a family law attorney clarify one’s options and potential approaches before committing to a particular legal strategy, as some approaches can cost everyone involved more than others can.