Monday, December 22, 2014

Forms for Dissolution of Marriage in Ohio

Residency Requirement

Before you get started on filing for a dissolution of marriage in Ohio, you must make sure that you and your spouse are eligible. One of you must have lived in Ohio for at least six months before you can pursue either a divorce or dissolution of marriage.

Separation Agreement

You and your spouse must reach and write up a separation agreement before you file any paperwork for dissolution of your marriage. You can obtain these forms from online legal document providers or write one yourself. The separation agreement spells out exactly how you wish to divide your property, including real estate, automobiles, bank accounts and life insurance. You must also address how you're going to divide your debts and whether either of you will pay spousal support -- also called alimony -- to the other. If you have minor children, you should include a custody arrangement and child support amount. The separation agreement must be signed by both of you and be notarized.

Dissolution Petition

After you've completed your separation agreement, you must then obtain a form from the court or a legal document provider called a ",Petition for Dissolution of Marriage.", This form is short and acknowledges that you meet the residency requirement. It includes the date and location of your marriage and notes that the manner in which you want to resolve property, custody, and support is contained in an attached separation agreement. As part of the petition, you must fill out a Financial Disclosure Affidavit. The affidavit is a sworn statement listing your respective incomes, assets and expenses.

Waivers

You must include several additional ",waiver", documents with the dissolution packet when you file your paperwork with the court. These are short and typically just require your signatures. The first is a Waiver of Service, which acknowledges that you have a received a copy of the dissolution documents and you forgo your right under Ohio law to have the divorce paperwork physically delivered to you. You also need a Waiver of Venue, which gives up your right to object to the dissolution being filed in the wrong court. Next is a Waiver of Representation, which simply indicates that you and your spouse are aware that you could have hired attorneys but chose not to. You must complete a Waiver of Fourteen Day Objection Period, a document that states that you give up the two-week period of time provided for under state law to object to the terms of the separation agreement. If you include this document, your dissolution will become final more quickly. You must also include a property division waiver and a financial waiver, stating that you're happy with your agreement's terms regarding property without an independent determination from the court.

Dissolution Decree References More Like This

Typical Dissolution Agreement

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