A contested divorce occurs when one or both partners do not agree to the divorce terms, so the terms of the separation must be resolved before a judge or magistrate.
Termination of Marriage and Legal Separation in Ohio
This process can take anywhere between a year and 18 months. In the State of Ohio, a divorce and dissolution of marriage is considered a non-adversarial, no-fault process used to legally end a marriage. A divorce and dissolution of marriage is more affordable and faster than contested and uncontested divorces, but it is only ideal for those who can amicably reach an agreement on divorce issues.
A divorce and dissolution of marriage has the same legal effect as a divorce but avoids conflict and confrontation between the two divorcing individuals. If you are considering a divorce and dissolution of marriage, you or your spouse must be a resident of the State of Ohio for at least six months prior to filing the petition. However, before this petition is filed, you and your spouse must sign a separation agreement that allows for the division of all real and personal property and covers spousal support requirements, parental rights, and any other issues related to marriage.
The separation agreement must be attached to the petition, which needs to be signed by both parties and filed in a court within a county where one or both spouses reside. Dissolution is a "no-fault" proceeding to legally end a marriage. The dissolution procedure provides the same legal effect as a divorce — it terminates the marital relationship.
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It avoids conflict and confrontation, and is usually much quicker. To use the dissolution procedures, the spouses have to reach agreement on all relevant issues such as division of property, allocation of marital debt, and allocation of parental rights and responsibilities. Parties usually negotiate through their attorneys to reach a mutual agreement that is then submitted to the court for final approval and legal termination of the marriage.
Ohio Legal Separation from Marriage Law: Legal Separation without Children
Divorce is the other legal proceeding to legally end a marriage. While dissolution involves agreement and finalization in court on those matters, one party files for divorce when you cannot reach a resolution on issues. In Ohio, there are no jury divorce trials. Divorce cases are either settled by agreement of the parties or tried before a trial judge or magistrate.
If a case is settled, the agreement becomes the court's order. In some cases, dissolution of marriage may be a more economical and altogether less traumatic route. At the Law Offices of William L. Geary, you will find an experienced Columbus dissolution attorney who can discuss your options regarding the potential for a dissolution. With numerous years of family law experience behind him, our founding attorney, William L. Geary , has the skills needed to handle even the most unique situations.
Termination of Marriage and Legal Separation in Ohio - CLAS
You can work with our team to find lasting solutions for complex problems. To arrange a consultation, contact us by calling Unlike divorce, dissolution of marriage requires both parties to be in complete agreement about issues, such as alimony , property division, and child custody and visitation. A couple, with the help of a lawyer, will then draft a separation agreement that must be approved by the court before their marriage is officially dissolved.
Many people have misconceptions about the dissolution of marriage process.
One of the most common is that one attorney can assist both sides of a divorcing couple. In dissolution of marriage, an attorney acts as a counselor to only one of the parties, assisting with creating and filing a separation agreement.
Another myth involves high-level assets. Dissolution of marriage may be possible even if you have high-level or complex assets.