DISSOLUTION IS OHIO'S FORM OF "NO FAULT DIVORCE"
Unlike a divorce, a Dissolution does not include any "grounds" which must proved to obtain the Dissolution Decree. [See Divorce for a comparison to a dissolution.] That is, one spouse need not prove that the other spouse has been unfaithful in any way. Thus the "no fault" nature of the procedure.
The objectives of a divorce are obtained, climaxing with a Dissolution Decree, which separates the parties and provides a future road map for their legal relations. Only the procedure is different. It is, in fact, an agreed termination of the marital relationship, the decree of which has all the effects of a divorce decree. It has the advantage of being the swiftest form of marital separation of the three forms in Ohio, which are:
1. Contested Divorce
2. Non-Contested Divorce
3. Dissolution
The action is commenced by filing a petition for dissolution of marriage signed by both spouses. The heart of the Dissolution is the Separation Agreement, agreed to by both spouses. This agreement must provide for the division of all property, and if there are minor children of the marriage, for an allocation of parental rights and responsibilities, the designation of a residential parent and legal custodian of the minor children, child support, and parenting time rights (visitation). A shared parenting plan may be included in the agreement if the parents desire a shared parenting arrangement. Spousal Support may be provided through a Dissolution, but only by agreement of both spouses. Any future modification provisions must also be agreed to by both spouses in their agreement. All the legal pleadings, court orders, parenting plans, and affidavits required for the procedure must be complete prior to the filing of the petition. Just as both spouses must sign the petition together, they must also appear before the court together at the final hearing. Both spouses must reach agreement upon all issues within their separation agreement, or the dissolution cannot proceed and will be and will be dismissed by the court. Thus, either spouse may change their mind, even at the last minute. However, if the couple still desire that their marriage be terminated but cannot agree upon all issues, a motion may be made to the court requesting that their petition be converted to a divorce action. This conversion will result in considerable added expense, as a contested divorce is the result, and a new court date must be obtained upon the court's divorce docket, thus delaying the final termination of the marriage.
The objectives of a divorce are obtained, climaxing with a Dissolution Decree, which separates the parties and provides a future road map for their legal relations. Only the procedure is different. It is, in fact, an agreed termination of the marital relationship, the decree of which has all the effects of a divorce decree. It has the advantage of being the swiftest form of marital separation of the three forms in Ohio, which are:
1. Contested Divorce
2. Non-Contested Divorce
3. Dissolution
The action is commenced by filing a petition for dissolution of marriage signed by both spouses. The heart of the Dissolution is the Separation Agreement, agreed to by both spouses. This agreement must provide for the division of all property, and if there are minor children of the marriage, for an allocation of parental rights and responsibilities, the designation of a residential parent and legal custodian of the minor children, child support, and parenting time rights (visitation). A shared parenting plan may be included in the agreement if the parents desire a shared parenting arrangement. Spousal Support may be provided through a Dissolution, but only by agreement of both spouses. Any future modification provisions must also be agreed to by both spouses in their agreement. All the legal pleadings, court orders, parenting plans, and affidavits required for the procedure must be complete prior to the filing of the petition. Just as both spouses must sign the petition together, they must also appear before the court together at the final hearing. Both spouses must reach agreement upon all issues within their separation agreement, or the dissolution cannot proceed and will be and will be dismissed by the court. Thus, either spouse may change their mind, even at the last minute. However, if the couple still desire that their marriage be terminated but cannot agree upon all issues, a motion may be made to the court requesting that their petition be converted to a divorce action. This conversion will result in considerable added expense, as a contested divorce is the result, and a new court date must be obtained upon the court's divorce docket, thus delaying the final termination of the marriage.
Finally, a single attorney may be retained to prepare the legal documents required for a dissolution, thus eliminating the need for each spouse to have their own attorney. Your attorney can only represent you, not your spouse. If your spouse chooses, he/she may retain their own attorney. Usually the spouse formally waives the right to representation during the dissolution. Sometimes spouses split the attorney fee between them.
It is strongly recommended that counsel be retained for a Dissolution. Because of the voluntary and consensual agreement nature of this action, any changes to the agreement following the issuance of the Dissolution Decree will be difficult. I see many people who have attempted to "just sign the papers," spend more money fixing the mess they made by doing their own paperwork than it would have cost them to have an attorney draft the documents and decree in the first place. Few people attempt to prepare their own taxes, or diagnose and treat their medical issues. Why would you even consider attempting to prepare your Dissolution documents? Protect your rights.
Please click here for tips on CHOOSING THE RIGHT LAWYER.
Please click here for tips on CHOOSING THE RIGHT LAWYER.
DISSOLUTION IS BILLED AS A
FLAT / FIXED ATTORNEY FEE
All Dissolutions are billed as a Flat/Fixed Fee, plus court costs and expenses, based upon the complexity of your individual case. In addition to the swiftest form of marital termination, it is also the least expensive. How can I offer a Flat Fee for a Dissolution? Since you and your spouse are agreed upon all the issues in the marital termination, and are in compliance with all the laws governing marital termination in Ohio, all the decisions and the ultimate outcome of your dissolution are within your control. There is no uncertainty as to how complex your unique case is or the amount of time/work required to complete your marital termination.
A Flat Fee Dissolution includes the first draft of court documents, and is based upon your compliance with the above paragraph.
What determines the complexity of your individual case and the resulting fee?
Most important of all, Monte will represent you in all court matters. As a solo practitioner, you deal directly with me, no paralegals or assistants. Some attorneys only provide consulting services, a self-help approach, while you fill out the forms yourself. Do you know enough to ask the right questions?
For tips if this is your first interview with an attorney, visit my Blog posts under category - "Divorce". You will be glad you did.
What determines the complexity of your individual case and the resulting fee?
- Do you need assistance in negotiation with your spouse?
- Do you require changes to your legal documents following the first draft?
- Are there children born as the result of the marriage?
- Do either you or your spouse own real estate?
- Do you require the preparation of documents to dispose of pensions, 401(k), etc.?
- Do you want a Shared Parenting Plan and Parenting Decree included with your dissolution?
- Do you have any other decisions/desires that require additional document drafting?
Most important of all, Monte will represent you in all court matters. As a solo practitioner, you deal directly with me, no paralegals or assistants. Some attorneys only provide consulting services, a self-help approach, while you fill out the forms yourself. Do you know enough to ask the right questions?
For tips if this is your first interview with an attorney, visit my Blog posts under category - "Divorce". You will be glad you did.
If you qualify, I can now offer you a no frills, simple Dissolution, without children, starting at a $2,400.00 attorney fee! (pus court costs and expenses) All Dissolutions are billed as a Flat Fee. (NO HOURLY BILLINGS) Call me for a legal consultation to discuss your situation.
Location to Serve You:
- Clients: Catalina Manufactured Home Park at 6501 Germantown Rd., Lot 41, Middletown, Ohio, 45042-1264, on State Route #4 [My Home - by appointment only] (Near the Land of Illusion Haunted Scream Park.)
- Phone: 513 423-8912
- Email: Monte K. Snyder, Attorney
THE INFORMATION PROVIDED ON THIS SITE IS INTENDED TO BE A BRIEF OVERVIEW OF SOME OF THE LEGAL PROCESSES INVOLVED IN THE ISSUES ADDRESSED. ALL INFORMATION IS LIMITED TO OHIO. IT IS NOT INTENDED AS LEGAL ADVICE ON YOUR PARTICULAR CIRCUMSTANCES. IT IS ONLY INTENDED TO ASSIST YOU IN UNDERSTANDING THOSE PROCESSES.
