In Ohio, there are a couple of different ways to end a marriage. The first is known as divorce and is a civil lawsuit that often requires the parties to litigate certain divorce-related issues, such as alimony and property division. The second method, which is referred to as the dissolution of marriage, on the other hand, occurs when two parties agree to end their marriage. In these cases, neither person is required to provide proof of why the marriage failed, but must be able to come up with a separation agreement that accounts for their property, alimony agreements, and any childcare-related issues before a judge will finalize the dissolution.
Which of these options is appropriate for a couple will depend in large part on their specific circumstances, so if you and your spouse have decided to end your marriage, it is important to reach out to experienced Troy divorce attorneys who can help you determine whether divorce or dissolution is right for you.
Divorce in Ohio requires the filing of a civil lawsuit to end a marriage, as well as the intervention of a judge in deciding how a couple’s property should be divided, whether one party will be owed spousal support, and how child custody will be shared. Divorces are initiated by one spouse, who files a complaint with the clerk of court. The other spouse, also known as the respondent, then has a month to file a counterclaim to the plaintiff’s allegations. Often, divorce cases are settled through agreement, which can save the parties involved both time and money. When this is not possible, however, both spouses will need to provide the court with evidence as to why a certain property division or child custody agreement is appropriate.
Couples who are able to reach an out-of-court agreement on all divorce-related issues, including spousal maintenance and property division could qualify for dissolution proceedings. In these cases, couples must file a joint petition with a copy of their settlement agreement with the court, after which they will need to wait 30 days before a judge will actually legally terminate a marriage. The couple then has 90 days to hold their hearing, when a judge will:
If, after addressing these issues, the court approves the agreement, it will grant a dissolution and the separation agreement will become a court order. Parties who fail to abide by these orders can be held in contempt of court.
If you and your spouse live in Ohio and are contemplating divorce, please call the Comunale Law Office today to speak with an experienced Troy divorce lawyer about your options. You can also schedule a free consultation with a member of our legal team by sending a message to email@example.com today.
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