Dublin Dissolution and Uncontested Divorce Attorneys
When ending a marriage, you and your partner may find you agree on the terms of separation, whether it be prior to any filing with the court or after a divorce has been filed. If any agreement has been reached prior to any divorce filing, a dissolution may be a better solution. While both methods will end a union, dissolutions are usually more manageable and less contentious.
You may agree on the broad terms of the dissolution but need assistance to negotiate some of the finer terms related to custody/visitation of children, dividing assets, or any kind of spousal support once the marriage is ended. Still, if you are seeking a dissolution, it is likely the negotiations will not be arduous. You will want the assistance of a family law attorney in Dublin, OH, to help you understand your rights and determine the best option moving forward. If an agreement is unable to be reached, then a divorce filing will be necessary.
When it comes time to file for dissolution, there will be steps in the process that legal counsel is qualified to direct you in and complete on your behalf.
At Arenstein & Andersen Co., LPA, many cases we handle include actions to dissolve a marriage. Ending the marriage could be painful for you or your children, but it could be the right call for your children’s or your overall well-being.
Grounds in a Dissolution in Ohio
Ohio has a distinction between a “divorce” and a “dissolution of marriage.” If you are filing for a dissolution, the grounds for the divorce will based upon incompatibility. You can only file for dissolution if all parties agree on all issues like property division and child custody. You will need to file for divorce if you cannot agree to any one of these terms.
Filing for Dissolution
If you are filing for dissolution, both parties will need to sign the petition of dissolution and include a separation agreement and a shared parenting plan, if applicable, that addresses:
- The division of any marital property and debts
- Spousal support
- The allocation of parental rights and responsibilities for the minor children, including custody, parenting time, school placement designation, etc.
- Child support for any minor children
Unlike an uncontested divorce, a dissolution is an agreement by both parties to end the marriage, prior to any court filing. You and your spouse must agree on all the terms, like parental rights and responsibilities, dividing property and assets, and spousal support, if necessary. You should consider enlisting the help of an Ohio family law attorney who understands the ORC and what steps you should take to keep the dissolution balanced for the best outcome.
If you file for a divorce and your spouse does not respond within 28 days, you may be granted an “uncontested divorce,” after 42 days.” An uncontested divorce hearing may also occur when the parties reach an agreement to settle all matters pending before the court after a divorce has been filed.
Each judge can have different requirements of what must be presented to the court for an uncontested hearing, this can also vary depending on the circumstances. Just because the other party is not responding, you may still need help going through the steps to present the information required by the judge to complete your divorce, and an attorney can move that process along.
Outcomes of a Dissolution
Because spouses seeking marital dissolution have agreed to the terms regarding property, spousal support, or child support and custody, there are not usually disputes surrounding these matters. Understanding what is required and expected in dissolution is critical, even if all parties agree. This is also important to prevent future issues later down the road or a delay in the dissolution process.
Ohio law defines the property in the relationship that the parties of a legal separation could split. There is the “marital property,” items or intangible assets like stocks or bonds acquired during the marriage. This could also include real estate, personal property, and retirement plans.
“Separate property” are assets acquired by either spouse before the marriage and in some circumstances, assets received during the marriage. It includes assets like property received through an inheritance, any awarded lawsuit, gifts, income, or value appreciation.
When assets are divided in a dissolution, the two parties will have agreed on how to split them.
Previously called alimony, spousal support is an allowance ordered by the court as agreed upon in the dissolution to be paid from one former spouse to the other. Spousal Support can be indefinite in time or limited in duration. Several factors determine how much support is granted, such as income, earning ability, how long the marriage lasted, and relative assets of each spouse.
Spousal support can be adjusted if the circumstances of either party change, provided it is permitted by the agreement or court order. Having an Ohio family law attorney on your side to argue the amount of support you owe or should receive after a dissolution could help reduce stress.
Child Support and Visitation Rights
Deciding custody or a parenting time schedule for your children is possibly one of the most dreaded aspects of ending a marriage.
There can be shared rights and responsibilities between parents, giving parents an equal say in certain decisions or a process on how decisions are made when parents disagree, although they may not split time with children equally. One or both parents can submit a proposed parenting or shared plan, which the court may approve or alter.
The court must consider the children’s mental, psychological, and emotional well-being. It will also consider how the children interact with parents, peers, siblings, and others.
Although the court will have some input, parents can settle on parental or custodial rights before separating. Having an attorney help decide what is equitable for all parties can ease the dissolution process.
How Long Will a Dissolution Take?
Each case is unique, but dissolutions may require fewer details to be ironed out than other methods of terminating a marriage; however, once your dissolution paperwork is filed, there is definite time for the final hearing to take place. Uncontested divorces do not typically take as long as contested divorces as they can be resolved prior to trial. Contested divorces usually have a lot of back and forth between the parties involved and involve multiples court dates, especially if one spouse is trying to wear down the other one’s patience.
Factors like your current lifestyle, children, spousal support, or future developments can disrupt the process. There will be hearings to attend.
In Ohio, after your dissolution is filed with the Court your hearing will be in 30 to 90 days. An attorney familiar with family law will help keep the process from taking too long and save you money in the long run.
Contact Arenstein & Andersen, Co., LPA for Help With Your Dissolution
While the prospect of legally ending a marriage is daunting and spending money on an attorney may seem excessive, you could end up paying more without one on your side or at some point in the future. The Dublin, OH divorce attorneys at Arenstein & Andersen, Co., LPA, can help you navigate this complex process and ensure you can reach a fair and equitable deal with your spouse.
Although dissolution is not the harshest way a marriage could end, it could still affect you for the rest of your life. Finding an attorney to help navigate the process can improve the process.