Understanding Your Separation Agreement
Ending your marriage is never easy, and protecting your rights as a spouse and parent in a legal setting can be very difficult. If you and your spouse mutually agree to end your marriage, then a filing of dissolution is usually the best option.
Cincinnati attorney John Heilbrun can help you determine if a dissolution is a viable choice for you, and he can help you determine the process that will be best for you and your spouse to enter into an agreement that will equitably resolve those issues that are incident to the ending of a marriage. In addition, John Heilbrun can draft an effective written Separation Agreement that accurately and clearly sets forth the terms of the agreements that you and your spouse have entered into. Please call the Law Office of John Heilbrun at 513-321-3940 to schedule your personal consultation.
Dissolution differs from divorce in many ways including the following:
- Both spouses agree that their marriage is going to end, and they agree to resolve by agreement all issues incident thereto before initiating a formal court action;
- Both spouses and their attorneys work together to settle all issues; and,
- The agreements that the spouses have entered into are incorporated into a written Separation Agreement, signed by both spouses, and then filed with the court along with the parties’ Petition requesting the court end their marriage in accordance with the terms of their written Separation Agreement.
The written Separation Agreement is the document that defines the terms regarding most post-marital rights and responsibilities including division of income, assets and debts and issues related to alimony/spousal support. In addition, the written Separation Agreement may incorporate the parties’ agreement concerning child custody and child support, although if the parties agree to shared parenting, this agreement will be set forth in a separate written agreement called a Shared Parenting Plan.
After the Dissolution Petition with the Separation Agreement attached is filed with the court, a court date will be scheduled. Both spouses must appear at the hearing and advise the court that they still wish to terminate their marriage, and that they have signed and agreed to the terms set forth in the Separation Agreement, and if applicable, Shared Parenting Plan.
If you would like to learn more about dissolution or divorce, please contact the Law Office of John Heilbrun to schedule your consultation. Mr. Heilbrun welcomes clients from all over the Greater Cincinnati area including Hyde Park, Blue Ash and Mason, Ohio.