My Marriage Is Over. What Now? Legal Separation, Dissolution, and Divorce
If your marriage is ending, I’m sorry for the struggle you’re going through. Let me break down your options. Ohio recognizes three options for when married partners can no longer live together: legal separation, dissolution, and divorce. The right option for you will depend on your specific situation.
Legal Separation
Legal separation means that the couple has chosen to live apart on a seemingly permanent basis while still being open to reconciliation. This can be a great option for couples who want to try again after a spouse finishes rehab, ones completing couples or individual therapy and need to live apart during that time, or want to test if the problems get better when they live apart. If you need one year or more apart and are hoping that the problems can be resolved, consider a legal separation.
What details are included in a legal separation ruling?
If children are involved, custody arrangements, child support, division of responsibilities, and visitation arrangements will be included.
Division of property can be determined in these proceedings. This includes property, vehicles, debts, high-value or sentimental items, etc.
Spousal support can be added if the division of property has been included and it is deemed reasonable.
The key here is that you remain married. The two primary effects of this are that neither party can remarry and death benefits still apply unless they are specifically revoked in the order. You may have other reasons to stay married, such as not triggering a prenuptial agreement, maintaining employer-funded insurance, etc.
Dissolution
Dissolution means a friendly divorce. While a marriage ending rarely qualifies as “friendly,” some occur by mutual agreement. If you and your spouse can talk out and agree on the details of the separation, this is probably the right option for you.
What details are included in a dissolution agreement?
If children are involved, custody arrangements, child support, division of responsibilities, and visitation arrangements will be included.
All assets will be divided: house, retirement, vehicles, possessions, debts, stocks, etc.
Spousal support will be included (if it is deemed reasonable) as well as a statement about under what circumstances it can be recalculated.
Getting help from a trusted attorney to figure spousal and/or child support, navigate the division of assets, and arrange custody can speed the process and reassure you about the decisions. It is much easier to get it right the first time rather than to renegotiate details after the final decree is issued.
Divorce
Divorce, the most well-known end to a marriage, is the best option if your spouse is dangerous, unwilling to discuss the options, likely to hide or get rid of assets, or threatening to take the children. When a divorce order is filed, a judge can issue any or all of the following: temporary custody orders, support orders, and a halt to asset disposal. In the case of actual or likely violence, talk to your attorney, the police, or the judge about a restraining order.
What details are included in a dissolution agreement?
If children are involved, custody arrangements, child support, division of responsibilities, and visitation arrangements will be included.
All assets will be divided: house, retirement, vehicles, possessions, debts, stocks, etc.
Spousal support will be included (if it is deemed reasonable) as well as a statement about under what circumstances it can be recalculated.
The contents of a divorce and dissolution are the same. Divorce often takes longer because it includes significant negotiations. Attorneys are usually involved and always recommended for a divorce. Any temporary orders will be evaluated during the proceedings, and permanent rulings will replace them.
At N.P. Weiss Law, we are here to help you navigate this life change. Whether you are deciding between these options or ready to start the process, our attorneys are dedicated to making it as painless and fair as possible. Contact us today for more information.
