Cincinnati Divorce Lawyer
April M Payne
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There are two ways to bring about a legal end to your marriage, through divorce or dissolution. An experienced divorce lawyer can help you determine which alternative is right for your situation.
Dissolution is the formal legal proceeding which terminates your marriage after you and your spouse have come to an agreement on all issues, including all parenting issues, child support, spousal support and a division of all assets and all liabilities owned by one party or both parties jointly. You and your spouse must come to an agreement on all issues independent of intervention from the divorce court. Only then can you proceed with a dissolution. When you have reached agreement on the terms for ending your marriage, those terms must be memorialized in writing in your dissolution paperwork, including a Separation Agreement and potentially a Shared Parenting Plan.
In the dissolution paperwork, the Separation Agreement specifies the division of your assets, liabilities, and personal property and will address any spousal support to be paid to either party. If you and your spouse choose a sole custody parenting arrangement in which one parent has the decision making responsibilities for the children, those terms will also be set forth in the Separation Agreement along with terms for child support. There are many legal requirements which need to be addressed in a dissolution, so it is advisable to have a family law lawyer to help you through this process.
In the event that you and your spouse choose a shared parenting arrangement for the custody of the children, you will need a Shared Parenting Plan in addition to your Separation Agreement. In a shared parenting arrangement, the parenting terms for your children must be addressed in your Shared Parenting Plan and not in the Separation Agreement. The Shared Parenting Plan must address all issues dealing with your children, including child support. There are many legal requirements which need to be addressed in the Shared Parenting Plan, so it is advisable to have a family law lawyer to help you through the dissolution process.
Once the agreements have been memorialized, your dissolution may be filed with the court. State law requires a mandatory 30 day waiting period from the date that your dissolution is filed with the court until the date that you may have your final dissolution hearing which terminates your marriage.
Divorce, the most contentious method of ending your marriage, occurs when spouses cannot agree on the terms for ending their marriage. One spouse must file a complaint for divorce, asking a judge to resolve any unresolved issues relating to the division of assets and liabilities, determination of custody and parenting time arrangements for the children, and the determination of child support and spousal support. This is by far the most expensive way to end your marriage. In the divorce adversarial process, your divorce lawyer will present your case to the divorce court. Your spouse’s divorce lawyer will do the same. The divorce court will make the ultimate decision as to who gets what. As divorce litigation is very complex, it is important to have an experienced divorce lawyer to represent and protect your interests. Divorce Lawyer April Payne understands the complexities of divorce litigation and will put tough and experienced representation to work for you.