Dissolution
of Marriage
Created by statute
(R.C. 3015.61-.65), a dissolution is a procedure which can eliminate some of the
expense and length of the divorce process.
The end result is the same as in a divorce; your marriage contract with
your spouse will be terminated and dissolved.
The main difference from a divorce is that the grounds are not contested,
and you and your spouse are able to reach a global agreement on all issues
which need to be addressed.
For instance, if there are children
involved, you and your spouse are able to agree upon the following issues
relating to the child(ren): designation of a residential parent/legal
custodian, where the child(ren) will reside and attend school, parenting time
with the children (i.e. a schedule outlining where the children will be and
when), child support, tax dependency exemption(s), health insurance coverage,
and the payment of expenses for the child(ren).
Regardless of whether child(ren) were
born of your marriage, you and your spouse must also be able to agree upon any
terms relating to spousal support (amount and length of time), division of
property (real estate, personal property, automobiles, etc.), payment of debts,
payment of attorney fees, and payment of any court costs associated with the proceedings.
You and your spouse will memorialize the
terms of your agreement in a document known as a “separation agreement”. This document is attached to a “petition for
dissolution” and begins the process with the court. The separation agreement, when approved by
the court, becomes an order of the court, through a document known as the
judgment entry of dissolution.
In Ohio you will need to appear before
the court to provide basic testimony as to your marriage, its termination, and
your agreement. A court will set a date
for this hearing not less than 30 days and not more than 90 days after you file
a petition for dissolution with the court.
There is also the possibility of converting
to a dissolution process, even if a complaint for divorce has first been filed. R.C. 3105.08 allows this to occur upon the
filing of a motion which contains a petition for dissolution and separation
agreement.
For more information regarding these
issues, and the process involved, please contact Joseph Stafford at Stafford Law
Co., L.P.A. (216) 241-1074; or http://staffordlawcompany.com.
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