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Dissolution FAQ'S
What should I know about a Dissolution of Marriage?
Under Ohio Law, a Dissolution of Marriage has the same legal effect as a Divorce. Unlike a Divorce, no grounds are required. A Petition for Dissolution, by law must be granted between 30 and 90 days after filing. Court filing fees, depend on whether or not, there are minor children of the marriage. More often than not, a Dissolution of Marriage, is faster, more efficient and less expensive than a Contested Divorce. The rules, however for a Dissolution of Marriage are very strict. Both parties must appear in Court. And they must be in complete (100%) agreement at the time their Petition for Dissolution of Marriage is filed. The complete agreement of the parties is set forth in a document called a Separation (Settlement) Agreement, which must be fair, just and equitable to both parties. The Separation Agreement iis attached to the Petition at the time of filing. The parties must be in agreement as to the matters of Division of Property, Debt and Retirement Accounts (such as Pensions, 401(k)s, 403(b)'s,IRa's, Deferred Compensation, Thrift Accounts etc.); Spousal Support (Aliimony) (if any) and the Allocation of Parental Rights and Responsibilities (such as Custody, Visitation, Shared Parenting, Child Support and Health Care for the minor child or children. If the parties are not in agreement at the time of the hearing, or if the Court finds that the Separation Agreement is not fair, jsut and equitable, the Court will not grant the Peitition. If one party or the other, does not show up for the final hearing, the Court will not have jurisdiction to grant the Petiition.
What factors determine Spousal Support?
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​ Unlike child support, there are no statewide schedules for Spousal Support in Ohio. Spousal Support is not considered to be reasonable or appropriate in every case. Two important factors in Ohio are the length of marriage and the disparity or difference in income between the parties. The longer the marriage and the greater the difference in income, the more likely it will be for the Court to find Spousal Support to both reasonable and appropriate. In a Dissolution, the parties must agree on whether or not, there will be Spousal Support, AND the amount and duration of time that the spousal support will be paid. In most cases, Spousal Support terminates upon the death of either party or upon the decision of the person receiving Spousal Support to remarry or cohabit with an another adult, who is not a family member.
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What choices do I have in the Allocation of Parental Rights and Responsibilities?
When there is a minor, Parents must decide who will have the right to make the parental and legal decisions in that child's life. The two choices in a Dissolution under Ohio law are Sole Custody and Shared Parenting.
When a Parent has Sole Custody, he is deemed to be the Residential Parent and Legal Custodian of the minor child. He/she will make all of the important parental and legal decisions in that child's life, e.g. choice of schools, medical/surgical decisions etc. The non-residential parent and non-custodial parent will have the right to Visitation, in accordane with the Court's Standard Visitation Schedule or Visiitation Schedule proposed by the Parents as long as the Court finds that schedule to be both fair and in the best interests of the minor child.
When parents choose to allocate their rights with the minor child, by means of Shared Parenting, both parents are deemed to be the Residential Parents and Legal Custodians of the minor child, meaning that they both have a say in the important decisions that effect that child's life. However, one parent is further deisgnated as the Residential Parent for Academic purposes, giving that parent the right to make the academic choices in that child's life, including the "home" from which that child will attend school. That parent will also receive "official" school notices and report cards.
How is Child Support determined?
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In most case, Child Support is based upon the Child Support schedules for the State of Ohio. The precise figure is determined by means of a comprehensive Child Support Computation worksheet, that takes into account many factors, including but not limited to annual income, cost of priivate health insurance, other child support obligations, children from a prior marriage, living with one parent or the other etc. Through the worksheet we are able to determine the scheduled child support figure, that is initially presumed to be fair. When government assistance is not being paid, the Courts may permit the child support obligation to be modified or even waived, if it would be unfair and not "in the best interests of the minor child or children", because of special" considerations oftentimes found in some Shared Parenting Plans. However, the Cash Medical Assiistance component, that goes to reimburse the government for public health insurance cannot be waived by the Court, when the minor child or children are not under a private health insurance plan.
What should I know about Marital Property and Debt?
In Ohio, almost all property and debt that is acquired during a marriage is MARITAL. Property and debt that was acquired prior to the marriage or property that was acquired by gift or inheritance is not marital. Marital property and debt, if not spllit equally (50/50) between Husband and Wife, can be split "equitably", (that is, close enough that with agreement of the parties, the Court still considers it to be "fair"). The Court may choose not to approve an "unfair split" (at least without each side being independently represented by separate counsel), if it "senses" that the unfair split may be the result of some form of intimidation or threat of retaliation or even lack of understanding of one's rights. It ususally does not matter, in whose name the property (or debt) is in or who purchased the property, unless it can be clearly proved that it was purchased with non-marital funds. If there has been a "comingling of funds", the Court will usually deem the property to be marital.
In a Dissolution of Marriage, the division of marital property and debt is spelled out in a Separation (Settlement) Agreement that is attached to the Petition for Dissolution of Marriage upon filing. There must be 100% agreement on the division of property and debt.
What is a QDRO/DOPO?
QDRO's (pronounced "Quad-Row") and DOPO's (pronounced "Dope-OH"are the legal jargon for Qualified Domestic Relations Orders and Division of Property Orders. QDRO's and DOPO's are special orders of the Court that are necessary to divide pensions, 401(k) plans, IRA's and other forms of retirement savings accounts that were earned during the marriage. Without a QDRO or DOPO, a division of a pension etc. would result in adverse tax consequences and penalties, pursuant to the Internal Revenue Code. The QDRO and DOPO allow these retirement accounts to be divided fairly without these adverse tax consequences and penalties. If a pension etc. is waived, a QDRO or DOPO is not necessary. Sometimes QDRO's and DOPO's must be drafted by law firms that "specialize" in this legal area. There is an additional fee for each QDRO or DOPO that is necessary to be drafted. The Court must sign the QDRO or DOPO; the Clerk of Court must journalize it, and the Pension Plan Administrator must approve it, before the QDRO or DOPO becomes legally valid to divide the Pension etc. without adverse tax consequences.