dissolution Archives - Ohio Family Law Blog

Blast From The Past: WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO?

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: This blog on the differences between dissolution and divorce in Ohio from April 21, 2018, is as meaningful today as it was when we originally posted several years ago. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Marriages In Ohio Can Be Ended In One Of Two Ways, Dissolution Or By Divorce

A dissolution and divorce in Ohio is different than most states. In most states, those terms can be used synonymously, but they are alternate proceedings with different statutory regulations in Ohio. Marriages in Ohio can be ended in one of two ways – by divorce or by dissolution.

Dissolution

A dissolution proceeding is the quickest and easiest of the two methods to terminate your marriage, but in order to proceed with a dissolution there are certain considerations that must be met. Primarily, there must be a total and full agreement signed by both parties as to ALL terms of the dissolution. This means that both parties have to have a full agreement on all issues, including alimony, custody, child support, division of assets, debt allocation, division of … Read More... “Blast From The Past: WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO?”

Seeing a Divorce Lawyer for the First Time – Thoughts from a Divorce Lawyers Summer Extern

A Good Divorce/Dissolution Attorney Cares, Even About The Little Things

As an extern with the Dayton, Ohio, law firm of Holzfaster, Cecil, McKnight, & Mues, I’ve had the opportunity to sit in on a number of divorce/dissolution consultations. As my time here is drawing to a close, here are a few truths I’ve gleaned from my time here at the office.

No two clients are ever the same. Some cry, some just want to get it over with, some crack jokes for most of the consultation. The occasional client will do all of the above during the course of a single meeting.
Nothing you can say will be shocking or weird or too much. This one may seem counterintuitive based on the first statement, but it is true. Every divorce is entirely unique, but after a while, the different components start to look similar.
Yes, we do listen to everything you say. Sometimes, I’ve watched clients start to look a little concerned, especially with the amount of notes that Chip or another attorney is taking. Believe me, he’s listening. Those notes also help him, or his paralegal, later figure out what exactly is best for you. A good

Blast From The Past: Why Selecting One Court Over Another Could Be Important In Your Dissolution

PUBLISHER’S NOTE: Here is one of my favorites posts about dissolution of marriage and residency requirements in Ohio, from June 4th, 2011! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Are There Residency Requirements To File A Dissolution Of Marriage In The State Of Ohio?

In order to terminate a marriage in the State of Ohio via a divorce proceeding, the party seeking to terminate the marriage must meet certain requirements as to residence of the parties. By law, if a party is seeking a divorce from the other party in Ohio, one of the parties must have been a resident of the State of Ohio for more than six (6) months and a resident of a particular County for more than ninety (90) days preceding the filing of the Complaint for Divorce.

By contrast, if the parties in a marriage seek to terminate their marriage by a dissolution proceeding, one of the parties must have been a resident of the State of Ohio for more than six (6) months before filing their Petition for Dissolution of Marriage. By statute, Ohio … Read More... “Blast From The Past: Why Selecting One Court Over Another Could Be Important In Your Dissolution”

WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO

Marriages In Ohio Can Be Ended In One Of Two Ways, Dissolution Or By Divorce

Dissolution

A dissolution proceeding is the quickest and easiest of the two methods to terminate your marriage, but in order to proceed with a dissolution there are certain considerations that must be met. Primarily, there must be a total and full agreement signed by both parties as to ALL terms of the dissolution. This means that both parties have to have a full agreement on all issues, including alimony, custody, child support, division of assets, debt allocation, division of household goods and furnishings, etc. There is no subpoena power available, which means both parties must exchange all financial information voluntarily.

If such an agreement cannot be reached on ANY issue, then a dissolution proceeding is not appropriate. In addition, restraining orders are not available to be issued in a dissolution action. Any party wanting to proceed with … Read More... “WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO”

Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?

Dissolution In Ohio: The Conciliation Process in Warren and Montgomery County Explained. How A Dissolution Can End Up In Mediation

conciliation dissolution mediation ohio This was a novel question that was recently asked me by a client a week or so before their scheduled final dissolution hearing. Conciliation proceedings are not all that common even in divorce actions. I asked my paralegal, Robin Lovins, to investigate the answer for me. That answer was interesting I thought. Always looking for a new blog article topic, I asked Robin to help incorporate that information into a blog article about dissolution. Here it is:

Section 3117.05 of the Ohio Revised Code states that “Prior to or during pendency of any action for divorce, annulment, or legal separation, one or both spouses may file in the court of common pleas a petition for conciliation…”. The question becomes: Does conciliation apply in dissolution cases? Although it is unusual for parties participating in a dissolution proceeding to request a conciliation through the courts, if a petition is filed, the courts will accept it.

A Dissolution Can End Up In Mediation. The Conciliation Process Differs in Both Warren and Montgomery County

In the Montgomery County Domestic Relations Court, after a Petition … Read More... “Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?”

Dissolution: Out with the Old, in with the New?

Marriage Over and Thinking Divorce? Important Information About Ohio Dissolution Proceedings

dissolution divorce Do you and your spouse BOTH recognize that your marriage is emotionally and all but officially over? Have you been procrastinating moving forward with dissolution and terminating your marriage? Not a pleasant decision, but sometimes a necessary one. Well, there is still time to accomplish and complete that objective around the first of the year.

Ohio Law permits the filing of both divorce and dissolution actions. Before filing you really should know the basic differences. The primary distinction between divorce and dissolution is the amicable nature with fully agreed upon terms in a dissolution proceeding. In dissolution, both parties must agree to every aspect and term in the final agreement, down to the last penny. Various pleadings are prepared and signed by both parties and submitted to the Court for approval. To be clear, the FULL agreement must be negotiated and executed before filing. No Restraining Orders are available in an Ohio dissolution. The parties request in these papers that their marriage be terminated based upon there being “irreconcilable differences” between them. Ohio Law states that a hearing for dissolution must be set and held between 30 to 90 … Read More... “Dissolution: Out with the Old, in with the New?”