Filing for a dissolution of marriage in Ohio is a simple and straightforward way for couples to end their marriage, as long as they can agree on all important issues, like dividing property, arranging child custody, and deciding on child support and alimony. Unlike a traditional divorce, which might involve long court battles and high costs, a dissolution requires both parties to agree on every term upfront. This often makes the process quicker, less stressful, and more affordable, making it a good choice for couples who want to separate amicably.
In this guide, we’ll go over the steps involved in filing for a dissolution in West Chester, Ohio, including how to create a separation agreement and what to expect at the court hearing. We’ll also discuss the pros and cons of choosing dissolution over divorce and explain why hiring an experienced attorney, like those at Garretson & Holcomb, LLC, can help ensure everything goes smoothly.
Ohio Dissolution vs. Divorce
In Ohio, you can end a marriage through either dissolution or divorce, but the two processes are very different. Under Ohio Revised Code Section 3105.61, Dissolution involves both spouses agreeing on all terms before filing with the court. Since there’s no need for a long legal fight, dissolutions are often quicker and less stressful for the couple emotionally and financially.
A divorce, as outlined in Ohio Revised Code Section 3105.01, starts when one spouse files a complaint in court and provides grounds for divorce. Unlike dissolutions, divorces can be contested. That means that if the spouses can’t agree, the court will decide on the issues for them.
This makes divorces longer and more expensive and usually involves multiple court hearings. Divorces also allow for temporary orders, like financial support or custody arrangements during the proceedings, which aren’t available in a dissolution.
Understanding these differences is important when deciding which option is right for you. A dissolution might be best if both parties are in agreement and want a faster, less costly process. A divorce might be more suitable if there is disagreement or temporary support is needed.
Steps for a Dissolution of Marriage in West Chester, Ohio
First, a separation agreement is created to start the dissolution process. This document outlines how you will divide your assets and debts and any plans for child custody, visitation, and support. It’s important that this agreement is clear and understood by both parties since it will be the basis of the court’s final decision. Both spouses must agree to all parts of the agreement to move forward.
Once the agreement is ready, the next step is to prepare a “Petition for Dissolution of Marriage.” This legal document formally asks the court to end the marriage based on the agreed terms. After filing the petition, the court will schedule a hearing between 30 to 90 days. At this hearing, a judge will review the agreement to ensure it’s fair and that both parties understand and agree without any pressure or coercion. If everything is in order, the judge will approve the dissolution, and the marriage will officially end.
Common Mistakes to Avoid
While the dissolution process is generally straightforward, some common mistakes can cause problems. One major mistake is not being open about all assets and debts while drafting the separation agreement. Both spouses must disclose everything—bank accounts, investments, property, and other assets. Failing to do this can lead to legal issues and might even void parts of the agreement.
Another mistake is not thinking about each person’s future financial needs. You’re not just splitting what you have now; you also need to think about your financial situation in the future, including retirement savings, future expenses for children, and potential changes in income. Planning ahead can help both parties stay financially secure after the dissolution.
Rushing through the process is another common error. It’s important to carefully review every detail of the separation agreement before signing. It outlines how everything will be handled—assets, debts, and responsibilities. If you don’t fully understand or agree with a term, it could lead to disputes later. Make sure to ask questions and clear up any confusion.
Tax implications are another issue often overlooked in the divorce process. How assets are divided or how support payments are set up can have significant tax implications that can affect both parties for years. For example, transferring certain large assets might lead to an unexpected tax bill. Talking with a financial advisor or one of our divorce lawyers who understand tax laws, can help you avoid these issues.
After the dissolution is finalized, it’s also important to update all your legal documents, like wills and beneficiary designations, to reflect your new marital status. Skipping this step can cause confusion or problems in the future.
Why You Should Hire a Dissolution Lawyer
Even though a dissolution is simpler than a contested divorce, it’s still a legal process that requires careful attention to detail. A dissolution lawyer can help make the process easier by drafting a clear and fair separation agreement, handling all necessary paperwork, and representing you at the court hearing to protect your rights. We can also give advice on how to structure the agreement to avoid future conflicts and make sure all aspects of your situation are considered.
If you live in West Chester Township, Mason, or Hamilton, Ohio, the attorneys at Garretson & Holcomb, LLC, have the experience you need. We know Ohio dissolution laws and can help you avoid common mistakes that could delay your case. To make sure your dissolution is handled properly and without hassle, contact Garretson & Holcomb, LLC, at (513) 863-6600 for expert legal help.
