The parties may enter into a written contract, called a Separation Agreement, that resolves all issues related to the termination of their marriage, such as division of real and personal property, allocation of marital debts, custody or shared parenting of the child or children, parenting rights, child support, and spousal support. The executed separation agreement is filed with the domestic relations clerk (along with other mandatory pleadings, affidavits and documents) including a request that the court dissolve the parties' marriage due to the fact that the parties have separated from each other, that there are irreconcilable differences between the parties, and that they have entered into a contract that fairly and equitably addresses and resolves all of the aforementioned marital issues. Both parties also request that the Judge approve their agreement and issue it as an order of the court.
In situations involving two responsible individuals where both are willing to appear at court for the final hearing and all issues can be agreed upon by the parties without intervention from the trial Judge, the dissolution proceeding may be the most advisable route to follow. If, however, you believe that your spouse may be irresponsible, unreasonable or may not appear for the final hearing, or you believe that obtaining his or her agreement may be virtually impossible, it probably makes more sense to institute a divorce action rather than incurring the time and expense of trying to negotiate a settlement that is never going to be reached. Restraining orders are not available in a dissolution proceeding.
A final dissolution hearing must be held thirty (30) to ninety (90) days after the filing of the separation agreement, petition for dissolution and affidavits. The presence of both spouses at the dissolution hearing is mandatory!
While it is preferable in most cases for the parties to amicably determine the terms and conditions of the termination of their marriage, in some cases, for strategic purposes, it may be advisable to initiate filing the divorce complaint and then proceed to work towards settlement during the divorce proceedings. If restraining orders are needed to prevent the adverse party from harassing you, dissipating marital assets, or canceling health insurance, it is necessary to proceed by way of a divorce rather than dissolution since restraining orders cannot be issued in a dissolution action.
We can help you sort through your options and determine the best approach for your circumstances and to accomplish your objectives. To read more about various family law topics, click here to read the Ohio Family Law Blog. which we publish. Or, if you prefer, click here to contact us via email. If your situation is an emergency, call (937) 760-4357 which is answered 24 hours around the clock by an experienced divorce lawyer.
Divorce and Family Law Matters
