Seeking Divorce In Ohio
Because Ohio is a no-fault state, couples have the option of separating but maintaining their marriage or dissolving the marriage through two ways: dissolution or divorce.
Divorce is a lawsuit, filed by one party against the other. After the initial complaint is filed, couples have the opportunity to work out a settlement. If the couple can’t agree to all the terms of the divorce, a judge will then resolve the unsettled issues.
Dissolution, on the other hand, is an alternative to divorce. Couples can proceed by way of dissolution if they can agree on the fact that they are going to end the marriage and also agree to all aspects of the dissolution. If both parties agree, a petition may be filed with a judge along with a separation agreement.
Important Things To Consider
Ohio law does require, however, that the petitioning couple file in the appropriate county and at least one of the petitioners needs to have been a resident of Ohio for at least six months before a judge will consider granting divorce proceedings.
A judge then hears the couple’s case and makes a determination that addresses:
- The division of marital property, assets and liabilities
- A spousal support obligation
- Child custody arrangements
- A visitation schedule
- An obligation to pay child support
Seeking Dissolution In Ohio
For those in Ohio who do not want a judge making the decisions above, a petition for dissolution of marriage may be filed. This written document contains all of the elements above and is agreed upon by both spouses. Dissolution proceedings typically do not require the intervention of a judge unless a couple fails to address one or more of the applicable elements above or the separation agreement has not been drafted in accordance with the law.
Seeking The Help Of A Qualified Lawyer
Whether you’re filing for divorce or a petition for dissolution of marriage, you need to follow certain procedures and file paperwork within a certain time schedule. Failing to do so can create future legal problems that can otherwise be avoided.
It’s advantageous to speak with a lawyer before beginning the process of terminating your marriage. Because a skilled attorney typically knows how a certain scenario is going to play out, they have the experience necessary to explain the situation and guide a client through the process more amicably.
If you live in Dayton, Ohio, elsewhere in Montgomery County, or surrounding counties, and need help determining whether a divorce or dissolution is right for you, call me, Dain N. DeVeny Attorney at Law, attorney at law, at 937-802-2504. I have the knowledge and experience you need to make the right decisions about your divorce or dissolution. Contact my law firm today to schedule an initial consultation.
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