Divorce or Dissolution


 

The holidays and a bad marriage

Okay, it's Christmas. You and your spouse and children just sat down for Christmas dinner. Things go bad fast. The relationship soured several months ago. One of you can't forgive the other for the affair. One of you is fixated on the weight gain of the other. One of you is drinking too much. Domestic violence looms in the air. That's when you know it's time to get out. Wait 'til desert and excuse yourself. Get a lawyer. Call (740) 653-8128.

Divorce types

Contested: When the parties cannot agree on the terms of ending a marriage, they have to get a divorce. Then, they come to their senses or the Judge or Magistrate will decide how property is to be divided, debts will be allocated, and the custody issues resolved.

Uncontested: One party is not interested in showing up for a hearing or perhaps the parties have been separated for several years, and everything has been divided up long ago.

Dissolution

When the spouses can agree as to ALL issues of the marriage, property, debts and children, then they can get a dissolution, a divorce by agreement.  They sign a dissolution petition and a separation agreement, maybe a shared parenting plan, and file these with some other documents with the court.  About a month and a half later, the court holds a brief, 15 minute hearing, asking the parties if they are in agreement with the documents that they have signed and if they want their marriage terminated.  If they can say that they think the separation agreement is fair and equitable and the provisions for child custody are in the best interest of the child or children, and both parties want these agreements made in order of the court, the court will make them an order of the court, and the court will dissolve or terminate the marriage.  It is the easy way out, but not everyone can agree.  Sometimes the parties think they can agree, but fall into disagreement, in which case the solution turns into a divorce.  Sometimes it goes the other way around.  If a divorce is filed, and then the parties come to an agreement, they may want to get a dissolution.

Call (740) 653-8128. Check out your options. See what is best for you.