Ending a marriage can be a complicated process, especially for couples who cannot come to an agreement on divorce-related issues, such as child support, custody, property division, and alimony. For help ensuring that your own divorce goes as smoothly as possible, please contact a divorce law firm in Canton today.
In Ohio, couples have the option of legally ending their marriage by filing for a no-fault divorce or a dissolution of marriage. However, this is only possible for those who have already come to an agreement on all divorce-related issues, including division of property and debt, alimony, child custody and visitation, and child support. These determinations must be clearly detailed in a written separation agreement and signed by both spouses, at which point, the petition and the agreement must be submitted to the court. Within 30 to 90 days of filing, both spouses will then be required to appear before the court where the parties will be asked to acknowledge under oath that they:
Because dissolution proceedings do not require the parties to litigate issues related to property division and alimony in court, they tend to be resolved much more quickly than their divorce counterparts.
Couples who file for a dissolution of their marriage can later choose to convert the proceedings into a divorce action by filing a petition with the court. These motions must contain a complaint that states the grounds for divorce. The parties will then be required to litigate all related issues in court.
A divorce refers to the termination of a marriage by the judgment of a court, which is also tasked with making decisions related to property division, spousal maintenance, custody, and child support on the parties’ behalf. Although child support and alimony awards are typically decided using a standard formula, child custody determinations require an in-depth analysis of what would be in a child’s best interests. This, in turn, requires an assessment of both parents’ physical and mental health, the child’s home and school record, and the distance between the parents’ residences, in addition to a variety of other factors.
It is possible to convert a divorce action into a dissolution action by filing a motion with the court, as well as a legal separation agreement. The action will then proceed as a normal dissolution proceeding with both spouses designated as petitioners.
In order to be eligible to file for a dissolution of marriage in Ohio, at least one of the spouses must have lived in the state for six months preceding the filing of the petition. When filing for divorce, on the other hand, the party that officially petitions the court must have been a resident of Ohio for six months prior to filing.
To speak with an experienced member of a divorce law firm in Canton about your own pending divorce or dissolution proceedings, please contact Fout Law today. Our office can be reached by phone or via online message.