Jimmy Lefton, Esq., cincinnati divorce lawyer, partner of Barron, Peck, Bennie & Schlemmer Co. LPA, explains the different ways to terminate a marriage in Ohio.
April 12, 2007 (Press Release) --
How do I terminate my marriage in Ohio?
There are three (3) ways to terminate a marriage in Ohio. They are, Divorce, Dissolution and Annulment. You must first determine which way is best for your particular circumstances.
What are the differences between Divorce, Dissolution and Annulment?
A Divorce occurs when you and your spouse are unable to agree on the terms of your Separation Agreement and/or your Parenting Plan. If you and your spouse are unable to agree on the division of your marital assets and debts, spousal support, child support, parenting time, etc., then you must file a complaint for Divorce with the court. In that case, unless you settle your differences, the court will determine those issues that you cannot agree on. You must have grounds for divorce such as “gross neglect of duty”, “separation for more than a year”, etc. Normally, parties will allege the grounds of “incompatibility”. A divorce is often expensive and time consuming. Terminating the marriage by divorce should only be sought if the parties have attempted to reach an agreement or attended divorce mediation. We offer divorce mediation and collaborative divorce services to our clients.
Dissolution occurs when you and your spouse are able to agree on all of the terms of your Separation Agreement and/or your Parenting Plan prior to going to court. This would include the division of your marital assets and debts, spousal support, parenting, etc. Once you have the agreement, you then must present the agreements to court for approval. Sometimes this can be difficult to accomplish because you and your spouse may not be on good terms and lack the ability to communicate effectively enough to actually reach an agreement. We can assist parties in that process and help you and your spouse reach an agreement which will allow you to avoid to time and expense of a Divorce.
Annulments are rare, but allow parties to terminate the marriage through a court order which declares the marriage to have been invalid because of some legal defect in existence at the time of the marriage such as Fraud, incapacity, bigamy, underage, etc.
How do I decide between a Divorce or a Dissolution?
Your circumstances will normally dictate which method you use to terminate your marriage. If you and your spouse are able to communicate with each other and discuss these issues openly, then you are a good candidate for a Dissolution. You must trust that each has made a full disclosure of all assets, debts and income. If you have children, you must be able to agree upon a parenting schedule including weekends and holidays. You must also be able to agree on child support and if appropriate, spousal support.
For more information about your case, feel free to contact me at 513-721-1350. You can email me at jjl@bpbslaw.com
To learn more about our cincinnati, Ohio lawfirm, visit our website at www.bpbslaw.com
There are three (3) ways to terminate a marriage in Ohio. They are, Divorce, Dissolution and Annulment. You must first determine which way is best for your particular circumstances.
What are the differences between Divorce, Dissolution and Annulment?
A Divorce occurs when you and your spouse are unable to agree on the terms of your Separation Agreement and/or your Parenting Plan. If you and your spouse are unable to agree on the division of your marital assets and debts, spousal support, child support, parenting time, etc., then you must file a complaint for Divorce with the court. In that case, unless you settle your differences, the court will determine those issues that you cannot agree on. You must have grounds for divorce such as “gross neglect of duty”, “separation for more than a year”, etc. Normally, parties will allege the grounds of “incompatibility”. A divorce is often expensive and time consuming. Terminating the marriage by divorce should only be sought if the parties have attempted to reach an agreement or attended divorce mediation. We offer divorce mediation and collaborative divorce services to our clients.
Dissolution occurs when you and your spouse are able to agree on all of the terms of your Separation Agreement and/or your Parenting Plan prior to going to court. This would include the division of your marital assets and debts, spousal support, parenting, etc. Once you have the agreement, you then must present the agreements to court for approval. Sometimes this can be difficult to accomplish because you and your spouse may not be on good terms and lack the ability to communicate effectively enough to actually reach an agreement. We can assist parties in that process and help you and your spouse reach an agreement which will allow you to avoid to time and expense of a Divorce.
Annulments are rare, but allow parties to terminate the marriage through a court order which declares the marriage to have been invalid because of some legal defect in existence at the time of the marriage such as Fraud, incapacity, bigamy, underage, etc.
How do I decide between a Divorce or a Dissolution?
Your circumstances will normally dictate which method you use to terminate your marriage. If you and your spouse are able to communicate with each other and discuss these issues openly, then you are a good candidate for a Dissolution. You must trust that each has made a full disclosure of all assets, debts and income. If you have children, you must be able to agree upon a parenting schedule including weekends and holidays. You must also be able to agree on child support and if appropriate, spousal support.
For more information about your case, feel free to contact me at 513-721-1350. You can email me at jjl@bpbslaw.com
To learn more about our cincinnati, Ohio lawfirm, visit our website at www.bpbslaw.com
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