Deciding to separate from your spouse is a difficult choice to make. Ms. Treynor understands that difficulty and will be up front and honest about what you can expect and what you should avoid when going through this trying time.
Divorce or Dissolution?
A dissolution for many couples is the preferred method for dissolving your marriage. A dissolution is filed as a “petition” (as opposed to a “complaint”) and requires that both spouses have sat down and resolved all matters pertaining to their union. This is done by way of a separation agreement which must include an equitable division of marital real property, personal property (including retirement accounts), the payment of debts, the custody and care of children, and the payment of support. A dissolution hearing is heard approximately 30 days from the time the petition is filed, and is essentially nothing more than the judge confirming your identity, your resolve to end your marriage, and your satisfaction with your separation agreement.
A divorce is the result of not being able to sort out all the things that need to go into a separation agreement without some attorney involved negotiations. How long a divorce takes is determined by how far apart the husband and wife are when it comes to agreement, as well as the complexity of their union.
The cost of a dissolution is less than that of a divorce for these reasons.
If you were not married to the other parent of your child/ren, under Ohio law, the mother is the sole legal custodian until such time as a father pleads for parenting rights in the Juvenile Court. This is true even when father has signed the birth certificate and is paying support. Nowadays, unmarried fathers who show up for a child’s birth will be asked to sign a paternity affidavit by a member of the hospital staff. However, signing a paternity affidavit confirms the father’s financial responsibility; it does not automatically give the father any parenting responsibility.
If you have split from the other parent and were not married, then you need to allocate parenting rights and responsibilities. Call to set up an appointment.