If you are going through the process of getting a dissolution of marriage, you may be wondering if you can get a dissolution without a separation agreement in Ohio. This is a common question couples may have, especially if they can’t come to an agreement on all aspects of the dissolution.
Understanding what documents are and aren’t required for an Ohio dissolution is essential when you move forward with this process. Otherwise, you risk running into more serious legal issues later on.
In this article, we will discuss whether or not a dissolution without a separation agreement is possible in Ohio and the role of a separation agreement in a dissolution of marriage.
Why a Separation Agreement Is Required
Unlike going through the process of getting a divorce in Ohio, a dissolution requires an entirely mutual agreement that is uncontested. That is why it is legally required that a dissolution have a separation agreement.
A separation agreement is a legal document that settles all the details of the dissolution, including things like spousal and child support, debt division, property division, etc. It is also legally binding, which makes it enforceable.
Ohio law requires couples to include their separation agreement when they petition for a dissolution of marriage. Keep in mind that there are specific Ohio dissolution requirements that also dictate what you need to include with your separation agreement. For example, your separation agreement needs to include:
- The signatures of both spouses.
- Full financial disclosure from both spouses.
- Agreements regarding all parental responsibilities.
- Agreements regarding the division of all property and debts.
- Information regarding alimony or spousal support, if applicable.
If any of these details are missing, the judge has the right to reject the separation agreement and delay the dissolution until the issues have been addressed.
What Happens If You Don’t Have an Agreement
There are certain things you need to include with your dissolution petition for it to be accepted by the court. Firstly, you need to provide a document formally requesting the dissolution of marriage with a signature of both spouses. You also need to attach additional documents to this petition, such as a separation agreement, parenting plan, child support computation worksheet, and income and expense affidavits.
If you attempt to petition for a dissolution without a separation agreement, the court simply will not accept it. Your case will end up being rejected and won’t move forward until an agreement is made.
Alternative Options If You Cannot Come to an Agreement
As you can see, petitioning for a dissolution of marriage in Ohio without a separation agreement isn’t an option. So, here are some alternative options you have if you and your spouse haven’t been able to draft a separation agreement:
- Mediation: It isn’t uncommon for couples to not agree on certain aspects of a separation agreement, even if the dissolution is amicable. If this is the case, mediation is usually the best option, as this allows a third-party to navigate the conversation to resolve any disputes.
- Divorce: If mediation has failed and you and your spouse cannot come to an agreement, the next option is to move forward with a traditional divorce. This would be a contested divorce since there are disputes regarding certain aspects of child care, the finances, spousal support, or property division. If you choose to get a divorce, the divorce court will handle any disputes to create a fair outcome for both parties.
No matter whether you choose mediation, dissolution, or divorce, it’s always a good idea to get the help of a dissolution attorney in Ohio. An attorney can help you move forward depending on your goals. And if you decide to get a dissolution, an attorney can help you draw up a thorough and legally binding separation agreement.
Benefits of Having a Complete Agreement
Although you do have options if you can’t come to an agreement with your spouse regarding the details of the dissolution, it’s still best if you can come to a complete agreement. Here are some of the main benefits of getting a dissolution with a completed separation agreement:
- Less expensive: Divorce proceedings can become quite costly, especially if there are several disputes. A dissolution is more amicable and doesn’t require the lengthy legal proceedings that a divorce does.
- Faster resolution: Additionally, a dissolution is quite straightforward with much less risk of the process being dragged out. Especially if there are children involved, having a fast resolution is ideal for everyone.
- Greater control: The purpose of a separation agreement in a dissolution of marriage is to give you and your spouse the opportunity to outline everything that a traditional divorce would address. This gives the two of you greater control over the outcome since you can come to an agreement regarding things like finances, child support, property division, etc.
FAQ Section
Can we submit a partial agreement and finalize later?
Not usually. Ohio law usually requires all separation agreements to be completed when attached with a petition for dissolution. However, you may be able to modify certain terms of the separation agreement later on in specific circumstances.
What if we agree on most issues but not all?
For the Ohio court to approve a dissolution petition, you and your spouse need to come to a complete agreement. So, if there are some disagreements, you will need to go through mediation before moving forward with your petition.
Can a lawyer help us finalize an agreement quickly?
Yes, it’s always best to work closely with a lawyer when drafting and finalizing a separation agreement. They will know exactly what needs to be included and how it should be drafted so that it’s approved by the court. This will help you avoid running into delays later on.
Get the Help of a Dissolution Attorney in Ohio
If you have chosen a dissolution of marriage over a traditional divorce, you will need to know if you can file a dissolution without an agreement in Ohio. At Garretson & Holcomb, LLC, we are here to help you with every step of the dissolution process, including meeting the Ohio separation agreement requirements. Contact us today at 513-863-6600 to get the process started with the help of a dissolution attorney.
