For many, the idea of divorce conjures up images of tense court proceedings, heated arguments, and drawn-out legal battles. Fortunately, ending a marriage does not need to be that stressful. Ohio law offers alternative options for individuals who are able to navigate the end of their marriage cooperatively and peacefully.
At Zukowsky Law, we help to facilitate this process. Our team of experienced and compassionate dissolution lawyers work closely with couples to ensure an amicable split through the dissolution process.
In Ohio, there are two methods that a couple can use to end their marriage: divorce and dissolution. Dissolution, the faster and easier of the two, is available to couples who are able to reach mutual agreements without the need for court interference. Dissolution requires a great deal of honest communication and careful negotiation, making it important for each individual to approach the process with cooperation in mind.
Couples who chose to pursue dissolution must agree on all issues regarding the end of their marriage. This cooperation allows the couple to skip many of the steps associated with ending a marriage through traditional divorce, including the lengthy court proceedings that accompany the divorce process. For this reason, dissolution is a preferable avenue for many families in Ohio.
Like divorce, the dissolution process follows a specific set of steps to ensure that all matters are handled according to the rules and requirements of Ohio law. Before a couple can pursue dissolution, they must ensure that they are able to fulfill the basic requirements for dissolution. These include:
If the requirements are met, the couple may begin the dissolution process. This process is started by completing and filing the Petition for Dissolution of Marriage and Waiver of Service of Summons with the Court of Common Pleas in your specific county. This form should be completed and signed by both spouses and filed in accompaniment with the marital separation agreement and other necessary paperwork. An experienced Ohio dissolution lawyer can help you craft your agreement and complete all necessary documentation related to the dissolution of your marriage.
Then, you and your spouse will be contacted to attend a court hearing. At this hearing, a judge will inquire about the marital separation agreement and ensure that both spouses still agree with the terms of the separation. If disagreements arise, the judge may request that you and your spouse utilize the divorce process instead. If the judge determines that the agreement is fair and equitable, and both spouses are happy with the arrangement, then they will submit a judgment to legally end your marriage.
Once the dissolution process is initiated, it typically takes between 30 and 90 days to legally end the marriage. However, this timeline does not account for the time it takes for you and your spouse to draft your marital separation agreement.
Drafting this agreement can take as long as you wish in order to fully extrapolate all issues related to the end of your marriage. Generally, if children are involved, the process of ending a marriage – either through dissolution or divorce – takes longer.
Child custody and support are often points of contention at the end of the marriage, therefore requiring more complex negotiation and compromise.
Yes, it is possible to account for spousal and child support in an Ohio dissolution of marriage, as long as you and your spouse are able to reach an agreement regarding these matters. If you and your spouse have minor children, your marital separation agreement must include provisions related to child support.
Spousal support, on the other hand, is optional and left to the discretion of both individuals. It should be noted that unlike in divorce cases, temporary court orders for child or spousal support are not provided in Ohio dissolution of marriage cases. You and your spouse do have the ability to negotiate short-term support payments before the dissolution is finalized.
Obtaining a dissolution in Ohio can be a complex process. Navigating the legal requirements and guidelines to dissolve a marriage is not always straightforward. A dissolution lawyer will provide the necessary guidance to ensure that you are able to smoothly and efficiently end your marriage through dissolution.
The attorney you choose should take the time to listen to your goals and provide tailored solutions to meet your needs. A family law attorney can work alongside you and your spouse to draft your marital separation agreement, complete and file all necessary paperwork, and advocate for you during the dissolution hearing. Ultimately, seeking legal assistance can be integral to obtaining a quick and smooth dissolution.
Even when amicable, ending a marriage can be bittersweet and emotionally challenging. This decision represents the start of a new chapter of life and reaching a mutual agreement on the key issues of your marriage, such as child custody and the division of assets, can be challenging.
Seeking guidance from an experienced dissolution lawyer can help to ensure that your interests are upheld at every step of the process and that negotiations proceed thoughtfully and cordially.
The compassionate attorneys at Zukowsky Law would welcome the opportunity to visit with you about the dissolution of your marriage, and ensure your legal rights are protected. Consider contacting our Cleveland office today at (216) 800-5529.
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