Dissolution Process Facts

DISSOLUTION OF MARRIAGE

A Dissolution of Marriage is one of the legal methods by which you can terminate your marriage. In order to file for a Dissolution with the Court, you and your spouse must be in total agreement as to (1) your children: their custody, support, visitation, medical care, tax exemptions and credits and life insurance designee; (2) your property: both real estate and personal goods such as motor vehicles, bank accounts, household goods and furnishings, stocks/bonds, pensions/retirement/profit sharing plans, recreational equipment, everything you have earned or purchased during the marriage; (3) your debts: who pays what, when, and in what amounts; and (4) spousal support: amount, frequency and method, both temporary and permanent.

The written agreement between you and your spouse is a legally binding contract called a Separation Agreement. As the name implies, you must be actually living separated from one another at the time of the signing of the agreement in order to be legally valid.

It is mandatory that every couple with children going through Domestic Relations Court attends a parenting class, a program called Remember the Children in Summit County. The Court will send information on when and where the mandatory meetings are held.

The Separation Agreement is attached to a Petition for Dissolution, which requests the Court to terminate your marriage. After the Petition and Separation Agreement are filed with the Court, a hearing date is scheduled by the Court to take place no longer than 90 days and no sooner than 30 days after the Petition is filed. Both spouses must be present at the hearing to answer questions as to whether they understand the agreement and are satisfied with its terms and whether each wants a dissolution of marriage. Either spouse may change his/her mind at any time during the proceedings up until and including the final hearing. If one of the spouses has changed his/her
mind as to obtaining a dissolution, or as to any term of the Separation Agreement, the petition would be dismissed by the Court immediately, but the Agreement is still enforceable as a contract. The spouses may also alter or amend the Separation Agreement, only if they are in absolute agreement, at any time up until the hearing date.

After the hearing, the Judge will sign the Decree of Dissolution prepared by the Attorney(s), which is then filed with the Clerk of Courts. You will receive a time-stamped, certified copy of the Decree once it is obtained from the court, as well as any orders dividing pensions or health insurance orders.

After your dissolution, especially if you have children, it may become necessary to go to Court again, since the questions as to custody (now called allocation of parental rights and responsibilities), child support and visitation (now called parenting time) remain under the Court's jurisdiction until the children become adults. If you lose your job or some other change in circumstances arises, it may be necessary to change the amount of child support, and this requires a Motion to Modify the Court Order. If you do not request a change in support, it will remain the same, no matter how circumstances have changed since your Decree. Parenting time may also
be changed by Court Order if the ex-spouses are unable to agree on their own.

Please obey all of the Orders of the Court that you will receive. If you do not obey them, you may be found in Contempt of Court and can be fined and/or jailed for your failure to obey a Court Order. If you and your ex-spouse agree to a change in your agreement, make sure it is in writing, notarized and filed with the Court.

THIS INFORMATION IS INTENDED TO BE A BRIEF OVERVIEW OF THE PROCESS OF A DISSOLUTION OF MARRIAGE IN SUMMIT COUNTY, OHIO AND IS NOT INTENDED AS LEGAL ADVICE ON YOUR PARTICULAR CIRCUMSTANCES. IT IS ONLY INTENDED TO ASSIST YOU IN UNDERSTANDING THE PROCESS.

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CONTACT THE OFFICE TO SCHEDULE AN APPOINTMENT - 330-996-4099.

Call today to schedule an appointment with Melissa Graham-Hurd.
Ohio Dissolution of Marriage Attorney

Melissa Graham-Hurd
333 South Main St.
Suite 301
Akron, Ohio 44308
330-996-4099

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Melissa Graham-Hurd provides legal services for clients in Akron, Barberton, Bath, Canal Fulton, Canton, Copley, Cuyahoga Falls, Fairlawn, Green, Hudson, Jackson Twp., Lakemore, Macedonia, Massillon, North Canton, Norton, Peninsula, Springfield Twp., Stow, Twinsburg, Wadsworth, Wooster, Stark County, Summit County, Wayne County, and Medina County