Dissolution
DISSOLUTION
End Your Marriage on Your Own Terms
Dissolution of marriage is the easiest and least expensive way to get a divorce. This process occurs when both parties are able to agree on all of the terms to end their marriage and for separation agreement. The terms of a dissolution may include the complete division of property and debts, parental rights and responsibilities, and spousal support.
At Funkhouser Law, our experienced attorneys will facilitate and mediate discussions by suggesting equitable outcomes that will result in a Court Ordered Decree of Dissolution. If you are interested in dissolution as an option to ending your marriage, please call Funkhouser Law at 614-443-5404 for a consultation.
PROCEDURE
Once both parties have come to an agreement as to the terms of their divorce, the petition for dissolution will be filed with a divorce court and a hearing will be held within 30 to 90 days of the filing, At the hearing, both parties must testify that they are in agreement with the terms, that they have made a full disclosure of the assets and liabilities, that they voluntarily signed the agreement, and that they want their marriage dissolved.
What needs to be filed to finalize a Dissolution:
In order to finalize a dissolution, you and your attorney will have to file the following:
- Petition for Dissolution,
- Separation Agreement,
- Affidavit of Property,
- Certificate and waiver of service,
- Acknowledgement of legal representation.
The petition must be signed by both spouses and include the information about the place and date of marriage, that a separation agreement has been executed, that the parties are incompatible, and that the parties want a dissolution of their marriage. The affidavits of property, which must be notarized, must include anything that was purchased during the marriage including dishes, pots & pans, appliances, furniture, vehicles, houses, etc.
Additional requirements in a dissolution with Children
If there are children involved, along with the items mentioned above, the following items will have to be filed:
- Health insurance affidavit,
- Parenting proceeding affidavit,
- Child support worksheet, and
- Withholding orders.
Parenting Seminar
In the case of dissolution when there are children involved, the court requires that the parents attend a parenting seminar within 45 days of the filing. Your attorney will receive this information when the case is filed and he or she will immediately send you a copy. At this seminar, a parent can expect to receive advice on how to minimize the affects the dissolution could have on the child.
Q: What is a dissolution of marriage, and how is it different from a divorce?
A: A dissolution of marriage process may eliminate much of the divorce process and expense. Unlike a divorce, fault grounds are not at issue. Dissolution is often thought of as no-fault divorce.A dissolution petition is not filed with the court until the parties have reached an agreement on all the issues that must be addressed in a divorce matter. Designation of a residential parent, parental rights, visitation, child support, spousal support, division of property, payment of debts, and payment of attorney fees must be considered in either case.
While the parties are negotiating, there is no subpoena power available, so the parties must voluntarily trade information. Professionals can, however, be hired to evaluate property, etc.
When an agreement is reached and filed with the court, a hearing must take place within 30 to 90 days. Both parties must appear and testify that they are satisfied with the agreement; that they have made full disclosure of all assets and liabilities; that they have voluntarily signed the agreement; and that they both want the marriage dissolved. The court must also approve the parties’ agreement.
Because there is no court involvement until an agreement is reached, all the temporary orders and possible hearings that might occur in a divorce case are avoided. The end result of both a divorce and a dissolution of marriage is the same: the marriage is terminated.
LawFacts Pamphlet Series, Ohio State Bar Association, Divorce, Dissolution & Separation, (May 15, 2015).