Dissolution of marriage in Ohio is a statutory alternative to a divorce proceeding. A dissolution requires both spouses to agree on the division of all marital assets and debts. Further, if the parties have children, they must agree on all child-related issues. If any disagreement exists, no matter how minor, the parties will need to proceed via a divorce filing. All loose ends must be tied up prior to filing the petition for dissolution with the court. 

            Dissolutions can be a quicker and easier way to terminate a marriage if both parties are amicable. However, dissolutions might not always be faster if the parties go through extended negotiations prior to coming to an agreement on everything. 

            While it is technically possible to navigate the dissolution process and the court system without an attorney, it is certainly not advisable. Clients often come to us after trying to complete all the required forms and documents on their own and retain our firm to get them on the right track and finish the process for them. Clients who are going through a dissolution are already at an emotionally overwhelming place in their lives and adding more stress of trying to navigate a foreign process can be extremely difficult or impossible. Family law attorneys do this type of work every single day and we can present fresh eyes, a clear perspective, and solid legal advice to get you to the end of the road without extra work or stress on you. 

            In addition to understanding the process and required forms/documents, a family law attorney can help you negotiate and protect your assets. We often receive calls from potential clients telling us they felt pressured by their spouse, wanted to hurry up and get the process finished, or did not realize they were entitled to something more or better from the dissolution. Potential clients call and tell us on the consultation some reason why they did not fight for what they were entitled to or ended up with a deal they were unhappy with at the end of the day. That leaves us in a position of telling these potential clients that it is probably to late to help. 

            After you finalize a dissolution, barring extraordinary circumstances, you cannot go back and change the terms of the separation agreement. Both parties are also required to disclose all marital assets and debts throughout the dissolution process by way of a property affidavit. Therefore, both parties are fully aware of the marital assets and debts that need to be divided. As long as both parties accurately disclosed everything, it would be difficult to argue make that one person was unaware of a different potential outcome or different division of property.

            In a recent Ohio case heard in the Court of Appeals, Tenth Appellate District, the court reiterated that a party cannot obtain relief from judgment of a dissolution just because with hindsight one party thought of a better agreement. In the final dissolution hearing, both parties will be asked whether they entered into the agreement and signed the documents “knowingly, intelligently, and voluntarily”. Given this question, it is difficult to go back later and say you did not understand or agree to something willingly. 
Call the experienced team of attorneys at Lardiere McNair & Stonebrook, Ltd. LPA, to set up a consultation to discuss any family law questions you have.

Santina Graceffa is an Associate Attorney at Lardiere McNair & Stonebrook, Ltd., LPA.  To read more about our firm, please visit lawyerscolumbusohio.com.

The information presented here has been prepared by Lardiere McNair for promotional and informational purposes only and should not be considered legal advice.  This information is not intended to provide, and receipt of it does not constitute, legal advice.  Nor does the receipt of this material create an attorney/client relationship.  An attorney client relationship is not established until such time as Lardiere McNair enters in to a written engagement agreement with a specific client for a specific legal matter.