Ending Your Marriage In Ohio
Ohio is a no-fault state and couples have the option of separating but maintaining their marriage by dissolution or dissolving the marriage by divorce. I’m Dain N. DeVeny Attorney at Law, and I can help you determine which is the solution that best fits your specific circumstance. I have more than 40 years of experience helping individuals work through the complexities of 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
Marriage 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.
Help From An Experienced 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 helpful to speak with a lawyer before beginning the process of ending your marriage. Because an experienced attorney understands how many scenarios are likely to play out, they can explain the situation and guide a client by properly setting expectations and preparing you for each step of the process.
Contact Me Today
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 at 937-802-2504 or use my online contact form today to schedule an initial consultation.