Divorce and Dissolution in the State of Ohio
Understand Your Options with Attorney Kristin Brown at Your Side
In the state of Ohio, there are three ways that spouses can choose to end or alter their marriage – legal separation, divorce, or dissolution of marriage. If you are considering any of these options, it is best to have an experienced attorney in your corner. Attorney Kristin Brown
in Mansfield, OH is well-versed in family law, assisting clients with legal counsel and guidance around the personal decision to end a marriage. Understanding your options and having a dedicated and compassionate attorney to help navigate you through the process can make all the difference. Contact Attorney Kristin Brown today to schedule your consultation
at 419-525-0019.
What is dissolution of marriage?
A dissolution of marriage is an action where the parties mutually agree to terminate their marriage. Neither party must prove grounds to end a marriage by dissolution. A dissolution petition is jointly filed after the husband and wife have signed a separation agreement regarding all property, spousal support, and any child-related issues. After filing the petition, the parties must wait at least 30 days before the court will hear their case, which must be heard within 90 days of filing. At the hearing, the court will review the separation agreement, ask about the assets and liabilities and any parenting issues, and determine whether the parties understand and are satisfied with the settlement. If the court is satisfied that the parties agree and desire to end their marriage, the court will grant a dissolution and make the separation agreement a court order.
What is a divorce?
Divorce is a civil lawsuit to end a marriage. The parties ask the court to make the final decisions concerning property division, spousal support and matters regarding the children.
One spouse, the plaintiff, files a complaint with the clerk of court to start a divorce. In the complaint, plaintiff must claim and eventually prove the appropriate statutory grounds for divorce. Discuss the statutory grounds and facts with your attorney.
The clerk of court “serves” upon the other spouse, the defendant, a copy of the complaint and a summons. Certified mail or personal delivery generally makes service. If the defendant's residence is unknown, a legal notice will be published in a newspaper. This publication method of service is effective for obtaining a divorce decree but generally is not effective for obtaining orders about matters such as spousal or child support. The defendant has 28 days after service of the complaint and summons to file an answer to respond to the complaint. The defendant may file a counterclaim requesting a divorce, stating the grounds the defendant believes apply. The plaintiff files a reply in response to the counterclaim.
Agreement eventually settles most divorce cases. A proposed divorce decree is prepared, signed by the parties, and submitted to the court for approval. After a short hearing, the agreement is approved by the judge and becomes a court order.
If the parties cannot resolve all their disputed issues, evidence is presented in a contested trial. The court will review the parties' evidence and make its decision based on Ohio law.