Dissolution

Dissolution In Ohio

John L. Heilbrun has over 30 years of experience helping clients with family and marital law problems including divorce, dissolution, Collaborative Divorce (Collaborative Law), Child Custody, Shared Parenting, Spousal Support/Alimony, Property and Debt Division, Paternity cases and Post Decree problems.

With conveniently located offices in both the Hyde Park and Blue Ash areas of Cincinnati, John Heilbrun offers representation to people experiencing such problems in Hamilton, Butler, Clermont and Warren Counties.

There are two primary ways in which a marriage can be terminated in Ohio. One way is Dissolution and the other is Divorce.

If the parties agree that they wish to end their marriage, and are able to agree as to the manner in which they are going to resolve all of the issues which are incident to the end of their marriage, including those related to their children, division of property and debts, and spousal support/alimony, the parties may proceed by way of Dissolution. In such cases a Separation Agreement, and if appropriate, a Shared Parenting Plan, will be prepared and signed by both parties.

In most Dissolutions, both parties will be represented by separate counsel, especially if the parties have minor children or significant assets and liabilities. Under the Rules of Professional Responsibility established by the Ohio Supreme Court, one attorney may not represent both parties in a Dissolution, even though they are in agreement on all issues. Although it is usually advisable for both parties to have an attorney even in a Dissolution, either party has the right to waive his/her right to counsel and proceed without the benefit of an attorney.

There are a variety of ways in which the parties may come to an agreement on all the issues incident to the termination of their marriage including Collaborative Divorce, mediation and negotiated settlements. It may take weeks, months or in rare cases even a year or more for the parties to be able to conclude an agreement on all of the issues.

Once the parties have reached agreement and signed a written Separation Agreement setting forth the terms of their agreement, and if appropriate, a Shared Parenting Plan, a Petition for Dissolution will be filed with the Domestic Relations Court in the county where at least one of the spouses reside. The case will then be set for a hearing before the Domestic Relations Court Judge within 30 to 90 days following the date of the filing of the Petition. Both parties are required to appear at this hearing before the Judge and acknowledge that they wish to end their marriage, that they are in agreement with and understand the terms of the Separation Agreement, that they believe their Separation Agreement to be fair and equitable, and that they have made a complete disclosure of all assets and liabilities to the other party. If they have minor children, the spouses must also acknowledge that the provisions of the agreement they have entered into allocating their rights and responsibilities involving their children are in the children's best interest.