Saturday, February 27, 2010

Dissolution of Marriage

A dissolution of marriage is a “no-fault” legal proceeding to dissolve or terminate a marriage. The two parties file a joint petition in which the court reviews and permits the agreement to divide property, allocate debt, establish parental rights, spousal support, child support, etc., and terminate the marriage. All issuses need to be resolved or the court will not permit the dissolution and a divorce must be sought. Parties would choose dissolution over divorce in terminating their marriage because it avoids conflicts, confrontations, less expensive, quicker, and the outcome is more predictable.

One of the parties must be a resident of Ohio for at least six months immediately preceding the filing of the petition. The dissolution petition must be signed by both parties. A separation agreement must be attached to the petition. The separation agreement shall provide for a division of all property; spousal support; if there are minor children of the marriage, the allocation of parental rights and responsibilities for the care of the minor children, the designation of a residential parent and legal custodian of the minor children, child support, and parenting time rights; and, if the spouses so desire, an authorization for the court to modify the amount or terms of spousal support provided in the separation agreement. If there are minor children of the marriage, the spouses may address the allocation of the parental rights and responsibilities for the care of the minor children by including in the separation agreement a plan under which both parents will have shared rights and responsibilities for the care of the minor children. An attorney should only represent one of the parties and not both.

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