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In some counties it may not be required if neither child nor spousal support is involved. In some counties, each spouse must file his or her own Financial Disclosure Affidavit. When the Separation Agreement includes this statement, this form may not be required, depending on the court where the action is filed.
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When the Petition for Dissolution includes this statement, this form may not be required, depending on the court where the action is filed. Since the petition is joint and voluntary, it is not necessary to receive formal notice of the action from the court. These affidavits inform the court of any child custody proceeding pending or decided by another court. One, for the sole residential parent, is used to determine the child support obligation when the children all live with one parent and visit the other parent. The other is used for split parenting arrangements where each parent is the primary residential parent for at least one child.
When the couple appear for the dissolution hearing, a Decree for Dissolution, prepared by them, dissolves the Marriage. Both petitioners must appear at the hearing and answer certain routine questions.
Either spouse may convert a dissolution to a divorce. In a dissolution, each spouse retains the right to stop the dissolution at any point, including the day of the divorce hearing. A dissolution may be converted to a divorce by filing a Motion for Conversion and Complaint for Divorce, which is accompanied by an Order. The action then proceeds as if the Motion had been the original complaint.
A divorce action begins with the filing of a Complaint for Divorce, which is accompanied by the Summons and Notice of Service of Process.
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Notice of Service can be made by certified mail. That failing, the plaintiff must attempt personal service by having the sheriff, or a private process server, personally deliver the notice and summons. When the plaintiff files the Complaint for Divorce, he or she also may file some or all of the same forms filed in a dissolution. The action then proceeds in the manner of civil cases.
After the Plaintiff files, the Defendant responds, filing an Answer and making a Counterclaim.
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He or she files a Financial Disclosure Affidavit and answers Interrogatories, which may also be filed at the same time of filing the Complaint. Generally, he or she has 28 days to answer any Interrogatories. A defendant can elect to sign a Waiver of Service, and allow the divorce to proceed uncontested. If not, the Defendant must be served.
An uncontested divorce may happen when the Defendant simply refuses to respond to the complaint. This does not mean that the divorce will proceed by default. A hearing will nonetheless by held and the plaintiff must present evidence to support his or her allegations that the relief sought should be granted. An uncontested divorce also happens when the spouses manage to resolve all differences before the case goes to a hearing, as is most often the case. Thus what may have started as a contested divorce becomes uncontested.
By agreement, the spouse can then convert the action to a dissolution case, or the Decree of Divorce is then titled Agreed Judgment Entry Decree of Divorce. In this routine the Decree of Divorce details the issues in much the same way as the Separation Agreement does in a dissolution case. Spouses may convert their divorce to a dissolution at any time before the final Decree of Divorce is entered.follow url
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This requires a Motion for Conversion and Petition for Dissolution and an Order, both signed by a judge. When a spouse cannot or will not be located for Service of Process, the plaintiff in a divorce action must make what is termed a "diligent search. If, after making a diligent search, the missing spouse cannot be located, the plaintiff may appeal to the court for permission to give Service by Publication. The issues that will be considered by the Court in a divorce action can be numerous and will vary from case to case.
Usually, the Court will address the following issues:. At the time of termination of the marriage, a spouse may be restored to any name that the person had before the marriage. A legal separation is a court order where the husband and wife remain married but live separately.
Is a Divorce or Dissolution the Best Choice in the State of Ohio?
A legal separation is a civil court order that does not legally end a marriage, but allows the court to issue orders concerning division of property, spousal support alimony , and visitation and custody for any minor children. The parties remain married but live separately.
A legal separation is not required to live separate and apart from your spouse. However, a legal separation creates an enforceable court order setting forth the rights and obligations of each spouse, such as spousal support alimony or child support. Note : There are some exceptions to the residency requirement in cases involving domestic violence. If there is domestic violence in the marital relationship, a Civil Protection Order CPO may be helpful prior to the filing of the annulment, dissolution, legal separation, or divorce. The police will be able to provide more assistance to the abused if a CPO is in force.
It is recommended that you obtain the advice of an attorney. You may obtain an attorney referral from your local bar association. If you cannot afford an attorney, you may contact our Legal Aid HelpLine. This article is meant for your general information and not to give you specific legal advice. Updated May Community Legal Aid Services, Inc.
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Skip to main content. Annulment An annulment means that a marriage is declared a legal nullity. You may obtain an annulment for the following reasons: An underage spouse age 18 for males and age 16 for females with parental consent Prior valid marriage with surviving spouse bigamy Mental incompetence of one party Consent to marry obtained by fraud or force coercion ; Failure to consummate the marriage The time period for seeking an annulment varies depending on the reason for the annulment. Dissolution A dissolution of marriage terminates the marital relationship by agreement of the parties.
Divorce A divorce action is a contested proceeding that is initiated by the filing of a complaint alleging reasons or grounds for termination of the marriage. Legal Separation A legal separation is a court order where the husband and wife remain married but live separately.