Dissolution & Uncontested Divorce
What is an Uncontested Divorce?
What are the requirements for filing a petition for dissolution or an uncontested divorce?
What is the procedure for a dissolution of marriage?
What is the procedure for the uncontested divorce?
A dissolution of marriage is a termination of a marriage by agreement. The parties file a joint petition with the court, requesting that the court review and approve their separation agreement. The separation agreement resolves all relevant issues such as division of property, allocation of marital debt, and allocation of parental rights and responsibilities. If all marital issues are not resolved by agreement, then a dissolution cannot be used. Both parties must appear in court. If one party is not able to appear in court, then a dissolution cannot be used.
What is an Uncontested Divorce?
An Uncontested Divorce is the legal separation and termination of a marriage upon a finding by a court that certain grounds for divorce exist. Typically, the parties agree that grounds exist for the divorce, such as incompatibility or living separate and apart for more than one year. The difference between a dissolution and an uncontested divorce is that only one party must appear in court. Typically, one of the parties is absent for the State of Ohio and unable or unwilling to return for a court appearance, but willing to agree to a divorce.
What are the requirements for filing a petition for dissolution or an uncontested divorce?
In order for a court to have jurisdiction in a dissolution or divorce, then at least one party must have been an Ohio resident for at least 6 months prior to the filing and a resident of the county in which the case is being filed for at least 90 days immediately prior to the filing.
Also, the parties must enter into a written separation agreement resolving all relevant issues, such as division of property, allocation of marital debt, allocation of parental rights and responsibilities. If the parties have children, then a written agreement called a shared parenting plan must also be entered.
What is the procedure for a dissolution of marriage?
Prior to the filing, the parties must make a full financial disclosure voluntarily to one another and enter into a separation agreement that resolves all relevant issues, such as the division of all marital property, spousal support, if any. If there are minor children involved, the allocation of parental rights and responsibilities, child support and visitation rights will also be addressed.
Both parties must sign the petition for dissolution. The separation agreement must be attached to the petition for dissolution and filed with the court. Both parties typically sign a waiver of service that is also attached to the petition.
After the petition is filed, the court schedules a hearing at least 30 days but not more than 90 days after the date of filing. Both parties must appear in court at the scheduled hearing. The court must be satisfied by the testimony of the parties that they have entered into the separation agreement voluntarily; that the parties are satisfied with the terms of the separation agreement; that the agreement is fair; and, that the parties desire to terminate the marriage. If the court is satisfied, it will enter judgment incorporating the terms of the separation agreement, and the marriage will be terminated.
What is the procedure for the uncontested divorce?
An uncontested divorce is very similar to a dissolution. Prior to filing a complaint for divorce the parties make a full financial disclosure voluntarily to one another and voluntarily enter into a separation agreement that resolves all relevant issues, such as the division of all marital property, spousal support, if any. If there are minor children involved, the allocation of parental rights and responsibilities, child support and visitation rights will also be addressed.
The complaint for divorce alleging proper grounds, such as incompatibility and/or living separate and apart for more than one year, will then be filed by the plaintiff, i.e. party residing in Ohio. The defendant will sign a waiver to be service of the complaint, and agree to the Court's granting of divorce and approval of the separation agreement and, if applicable, the shared parenting agreement.
After the complaint is filed, the court will schedule a hearing at least 30 days after the filing date. At the hearing, the plaintiff must appear in court with a corroborating witness. The defendant does not have to appear in court. The testimony of the plaintiff and the corroborating witness must satisfy the court that there are sufficient grounds for the divorce, and that the separation agreement and, if applicable, the shared parenting agreement is fair and equitable. If the court is satisfied, a divorce will be granted incorporating the terms of the separation agreement, and the marriage will be terminated.
If you are considering a dissolution or uncontested divorce, please call 216.225.9181, Email, or use the contact form to schedule an initial consultation.