Dissolution, Divorce Or Legal Separation?

Dissolution, Divorce Or Legal Separation – Three Ways To Terminate A Marriage. Which One Is Right For You in Ohio?

Dissolution

The number one way to terminate a marriage is through dissolution.  Dissolution is simply a written agreement between the two spouses that covers all the issues of the case. The contract is called a separation agreement.  Among the main reasons for choosing dissolution over divorce or legal separation to terminate a marriage are:

Normally, dissolution is most affordable because the parties have to agree on everything in order for the court to grant dissolution.  Dissolutions are usually the quickest, time wise while at the same time help keep more money in your wallet by keeping attorney fees at a minimum.

Once the parties have reached an agreement on all the issues, have signed off on the paperwork and filed the paperwork with the court, your dissolution can be completed (case over) in 30 to 90 days!  On the other hand, divorce cases can take anywhere from six to 18 months to complete-easily.

Most counties allow the dissolution hearing to be done by a private judge. With a private judge, dissolution hearings are done right here at the office! No security lines to wait on, no parking downtown to deal with, no stressful trips to the courthouse, no real waiting in line with many others for the court to hear your case.  And, neither side has to admit that they caused the divorce.  The court will just dissolve the marriage according to the terms of the contract (separation agreement). And you’re done!

Divorce

The number one way to end a marriage if you cannot agree is a divorce.  One party is called the plaintiff (the person filing first) and one person is the defendant.  One spouse sues the other spouse-this is called a lawsuit. This lawsuit is no different than any other law suit. There are three basic reasons why dissolution will not work for some individuals and, therefore, they will have to file for a divorce.  They are:

Violence, bullying or abuse in the home. If one spouse exhibits violence, bullying behavior or abuse, the right thing to do is for the other spouse to file for a divorce.  The court system has a way of trying to level the playing field between the two spouses and for people in these situations; divorce is the way to go.

No communication. If one spouse refuses to talk about the how the couple is going to divide the assets and liabilities or refuses to discuss issues regarding the children, then the other spouse should not wait and hope for change. The good news about divorce is that it will force the hand of the other spouse to react and get serious about terminating the marriage.

Refusal by one party to acknowledge that half of everything belongs to the other spouse.

Legal Separation

In a legal separation, the legal process is exactly the same – all assets and liabilities are divided, discovery is conducted, hearings are conducted and the court awards a division of property based on an equitable distribution.  However, at the end of the day you are still married.  But, if you want to stay on the other’s health insurance for example, and yet want remain separate and apart this might be the solution.

Spouses facing divorce may find tips helpful

Going through the process of divorce can be a very emotional time causing you to become extremely overwhelmed. This process can take a toll on the adults as well as the children involved. A recent article lays out several useful tips for those facing divorce.

Children are part of the divorce process and they often get caught in the middle. Parents may believe the actions they’re doing will benefit their kids, but having a “get you back” attitude, children can be used as leverage against the other parent. Parents should really avoid splitting marital assets and making a parenting plan at the same time. In order to get a rational decision the goal is to focus on one thing at a time.

While it may be obvious that both parties have moved and are over each other, a third party is the last thing the divorce needs. Reactive behavior sparked by a third party can make this process more complex than it already is. Be sure to leave space between your soon to be “ex” and your new.

Article: http://www.huffingtonpost.com/karen-stewart/getting-divorced-10-mista_b_3510855.html

The result of one spouse not wanting to be divorced

Many questions legal professionals get are about what happens if a spouse who did not want a divorce is served a divorce petition. What if the spouse’s intention is to holdout and hope they can work out their marriage?

As a product of law, once a spouse files for a divorce, there is very little the other spouse can do to stop the event from moving forward, even if they refuse participation. If the other spouse chooses to avoid court hearings and mediation sessions, the judge could grant a divorce by default.

What if he doesn’t show up for the court hearing?

I have filed for a divorce from my husband. The first hearing is scheduled in a couple weeks. Initially my husband promised to cooperate and sign the papers, but I am not confident if he will even show up in court. What will happen if he does not?

Assuming he was legally served, the case will proceed as uncontested. This means that by not showing up, he takes himself out of the equation. He has no say or input on the case from that point forward. The judge will consider the requests you make and make all the decisions – alimony, property, custody, child support and so on, without his point of view at all.

Do we have to go to court to settle our divorce?

I want to get a divorce without going to court. Can we solve this problem between our attorneys?

A court is necessary to finalize any divorce, but you do not need to go to a trial. You can reach an agreement using attorneys, or you can go to mediation and reach a settlement there. Any settlement must be submitted to and approved by the court.

Do I have to go to the hearing if I’m not contesting the divorce?

My wife filed for divorce and the date has been set.  Nothing was contested, all property and assets have been divided, our children are grown, etc. Do I have to attend the final hearing?

If you have signed documents agreeing to everything already, the hearing is formal. However, you should be aware that if you don’t go, you waive your opportunity to be heard should there be a problem.

Jack’s Law Office

305 S Sandusky St

Delaware, OH 43015

(740) 369-7567