You may view divorce proceedings as an expensive and drawn-out series of arguments, but this does not have to be the case. An alternative to divorce in Ohio is called a “dissolution of marriage,” or simply dissolution. The results are the same as a divorce in that the marriage is legally ended, and the marital assets have been fairly divided. But with a dissolution of marriage, the terms are agreed upon by the couple out of court in what is referred to as a separation agreement. As long as several essential elements are included in the agreement, an Ohio divorce court should have no problem accepting the terms. This can save the couple costly court fees and also speed up the process of their separation.
The Separation Agreement
The separation agreement is a contract signed by the couple, which details their plans for the upcoming divorce. Once the contract is signed, the court can enforce elements in the agreement, such as child or spousal support. If the agreement does not meet the court’s standards, it can be rejected on the grounds of not being fair or equitable.
What Is Included
The separation agreement must cover every possible issue that may arise during a traditional divorce. This includes things like:
- A spouse’s right to alimony
- The support of the children
- The parenting and visitation schedule of the children
- Who will reside in the home
- The division of marital assets such as vehicles or real estate
- The division of marital assets such as personal property or furnishings
- The division of marital assets such as family business or retirement plans
- The division of debt
- Whether taxes will be filed jointly or separately in the coming year.
How To File A Separation Agreement
A separation agreement, along with other necessary pleadings, has to be submitted to the Court for review and approval for filing. Once approved, it is then filed with the court. Several weeks later, the court has a hearing attended by the parties and the attorney. As long as the contract details all the necessary elements of the divorce and both parties agree freely and without coercion, the court will grant the dissolution of the marriage without issue.
If you’d like to know how an attorney can help with your dissolution of marriage, call Garretson & Holcomb, LLC at (513) 863-6600.