Making the decision to file for divorce in order to legally end a marriage can be a very difficult one and having to prepare for a divorce can be an intimidating task to take on, especially if a person doesn’t know his or her rights or any of the procedures related to a divorce hearing. The state of Ohio, like any other state across the country, has statutes implemented in state law that provide rights to both parties in a divorce, as well as guideline how the action must be carried out. The first determination that must be made when getting a divorce in Ohio is whether the desired outcome is dissolution of the marriage or divorce.
Dissolution versus Divorce
The state of Ohio recognizes both divorce and dissolution, and any couple who wishes to legally end their marriage should not only know the difference but also have made a decision on which option to pursue.
- Dissolution is attainable only after a recognized separation and only when every issue that accompanies a typical divorce has been agreed upon by both parties, such as custody of the child or children, property division, and debt assumption.
- A divorce may be ordered when one party doesn’t agree with any part of the proposed settlement agreement, and wishes to allow the court to determine the issues that are typically settled during mediation for dissolution. In these cases, a term of legal separation is the decision of the court, meaning it may or may not be ordered depending on the judge’s determination of both party’s best interests. The court will then decide on issues such as property distribution and custody, always considering first the best interest of the child.
Financial Comprehension
Both parties in a marriage that is going to court for divorce should have a full understanding of the financial situation that the couple has attained through the course of the marriage, because depending on any settlement agreements that may be made, the ratio of debt to assets should be relatively the same for both parties after the divorce.
Equitable Property Distribution
The state of Ohio encourages any couple who wishes to end their marriage to work out all issues through a civil means such as mediation before filing for divorce. If the couple cannot, the court will make every attempt to divide the couple’s marital property as closely to fairly as possible, noting that anyone who wishes to claim property as being owned prior to the marriage must either show proof of the premarital ownership.
Getting Help
In order to ensure that you are properly prepared for an Ohio divorce proceedings, you should consult with an experienced divorce lawyer regarding any issues that may arise. Your lawyer can help make sure your rights are protected throughout the entire divorce or dissolution process.
