What Is A Dissolution in Ohio And What Are The Requirements?
In Ohio, many people opt for a dissolution instead of divorce. It is a non-adversarial way to end the marriage. Neither party is at fault. A joint petition is filed with the court, and they ask that the court approve their agreement and dissolve the union. This arrangement will resolve any issues like the allocation of marital debt, the division of property, and parental rights. Custody and support can also be agreed upon, and there is no need for a court battle.
How Dissolving A Marriage Differs From Divorce
To dissolve a marriage amicably, the spouses must be in complete agreement on everything. Even if there is one item that the couple cannot agree upon, then they must file for divorce. This procedure has the same legal effect as a divorce. The union will be terminated. However, many choose to go this route because it is less expensive, it is much quicker and it avoids conflict or confrontation.
The Filing Requirements
To file for a dissolution in the State of Ohio, one of the parties must have been a resident for at least six months prior to the filing of the petition. The court of proper venue must also be utilized, which is usually the county where one of the parties’ lives for a minimum of three months. This may take some research, especially if one party does not live within the state.
The Procedure To Dissolve A Marriage
The first step in the process is to fill out the separation agreement paperwork. Each spouse must fill out this form that divides the property and decides things like spousal support, child support, visitation, debt, and it includes a full financial disclosure. This paperwork is attached to the dissolution petition. Both parties must sign the petition and file it with the proper court. The court still requires service of process, but a waiver can be signed and attached to the petition.
Can we say something about how our process helps them navigate through all of this to ensure minimizing delays. We also help explain all the legal jargon so they fully understand all implications of the process and outcomes.
A Day In Court
Once the petition if filed, the court will set a hearing date. By law, the court must set the hearing date not less than 30 days from the filing of the petition, and they cannot set it for more than 90 days afterward. Both spouses must be present at the time of the hearing. They will need to assure the judge that they entered this agreement voluntarily. The judge will want to hear that both parties think the agreement is fair, and they want to ensure that the couple still wants to terminate their marriage. If the judge agrees and approves the paperwork, then the marriage is dissolved. This makes the terms of the separation agreement enforceable, and there is a judgment terminating the marriage.
I would also like to add that if they work with our office then we can arrange for a private hearing which brings a judge to our office. They can avoid court all together and it is a convenience that provides more privacy as well as a relaxed comfortable environment instead of court.
Severing A Union
Divorces can be costly and messy. It is always better to come to an agreement and remain civil throughout the termination of a marriage. If there are children involved, custody battles can cost tens of thousands of dollars. Agreeing on custody, child support and parenting time is what is best for the couple and the children involved.