Dissolution of Marriage
Phyllis G. Bossin Co., L.P.A. in Cincinnati, Ohio provides the highest quality of legal representation in dissolution of marriage cases. We represent clients in Hamilton and surrounding counties.
Dissolution of Marriage. Dissolution of marriage is an alternative to divorce for ending a marriage. This method of marriage termination is used when a complete settlement has been reached on all issues of property, spousal support, child support and parenting. After both parties have signed a separation agreement, and, if appropriate, a shared parenting plan, a Petition for Dissolution of Marriage is filed with the court, asking the court to approve the separation agreement and any parenting agreements that have been entered into. There are no grounds in a dissolution. Many people perceive that a dissolution of marriage is faster and less costly than a divorce. This is not necessarily the case. The same information gathering is necessary in a dissolution as in a divorce. Property must be valued, documents obtained, parenting resolved, etc. Negotiations must take place on each of these issues. Only after there has been full disclosure and valuation of all of the assets can an agreement be reached.
Generally speaking, both parties are represented by counsel in a dissolution, particularly when there are substantial assets and/or parenting issues to be resolved. Many people believe that only one lawyer is required in a dissolution and that both parties can be represented by the same attorney but that is absolutely not the case. In fact, one attorney can only represent one party. A party can choose to waive his or her right to counsel, but he or she will have to sign a written waiver of the right to counsel.
Once the petition for dissolution is filed, the marriage can be dissolved in no fewer than thirty days and no more than ninety days. However, many months can be spent negotiating the settlement. For this reason it is not necessarily faster to proceed by this method.
Additionally, since there are no court proceedings pending, there can be no temporary orders of any kind in a dissolution, including any orders for temporary custody and support or any restraining orders. Also, discovery is purely voluntary in this process and there is no ability to issue subpoenas to produce information or documents when going through the dissolution process. Our experienced attorneys evaluate each case in detail with the client to determine whether attempting to resolve all issues through a dissolution of marriage is a viable option.
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