Ending A Marriage: Divorce Or Dissolution?

Facing the end of a marriage is overwhelming. Knowing how to proceed and where to start can be daunting. The decisions you make in divorce will frame your future for years after you and your spouse part ways. It is important that you have a divorce attorney who thoroughly understands the process, knows how to protect your rights and can provide a strategy that best meets your specific needs and goals.

Attorney Laura Helmbrecht provides individualized care and attention to each of her clients. As the founder of Laura Helmbrecht, Attorney at Law, she has years of experience in helping divorcing spouses in Ohio, throughout Columbus and its surrounding communities. She will take the time to understand your priorities for the divorce and create a plan to help you achieve those goals.

Ohio Divorce: The Different Options For Parting Ways

Every marriage is unique, and the reasons a couple decides to go their separate ways vary. How they separate can vary as well. In Ohio, there are different options for ending a marriage. A marriage can be ended through:

• Divorce: A divorce does not require an agreement between the spouses. In Ohio, there must be a declared cause for the divorce. For example, the spouse who files for divorce must give at least one reason. That reason can be adultery, absence, cruelty, habitual drunkenness, neglect of duty, fraudulent contract, imprisonment or incompatibility.
• Dissolution: A dissolution is granted when both spouses agree on all of the terms of their separation, terminating their marriage and dividing their assets. They must reach a settlement agreement on every aspect, even with respect to issues regarding the children, including custody decisions, child support and parenting time.
• Annulment: An annulment essentially declares that the marriage never existed. Annulments are rarely granted, and there must be evidence that something extreme occurred, like fraud or force.

Attorney Laura Helmbrecht can walk you through all of the options and provide you with the information you need to make informed decisions that are best for you, your children and your future. Throughout the process – from child custody matters to the division of property – she will protect your personal and financial interests with strategies that are tailored to you and your situation.

When Is Dissolution An Option For A Couple Who Wants To Divorce?

Dissolution is an option for couples in Ohio who can agree on all aspects of their separation. This includes decisions about property division, child custody and support arrangements. Both parties must be willing to communicate openly and work together to reach a settlement.

If you and your spouse can negotiate the terms of your agreement without conflict, dissolution might be a viable option. An attorney or lawyer can help guide you through this process, ensuring that all legal requirements are met and that your agreement is fair and comprehensive.

While some couples are able to do this amicably, other couples may struggle. When a marriage is ending, there can be a lot of emotion and trauma. However, if both parties are willing to try, an experienced divorce attorney can facilitate a settlement. Couples can also attempt to negotiate a settlement with a neutral third party, like a trained mediator.

What Are The Advantages Of Dissolution?

Choosing dissolution over a traditional divorce offers several advantages. These include:

• Less confrontational: Dissolution tends to be less confrontational because parties have to work together. This makes it a smoother process emotionally.
• More collaborative: Because couples have to agree on all aspects of their dissolution, they generally work together to come up with solutions.
• Efficient and cost-effective: A dissolution is usually quicker and less expensive, as it avoids the lengthy court battles often associated with divorce.
• More control: You and your spouse maintain control over the terms of your separation, rather than leaving decisions up to a judge.

With the help of an experienced dissolution attorney, you can ensure that your separation agreement is fair and meets both parties’ needs. Even if tensions run high and you and your spouse are struggling to reach agreements, a dissolution is still possible. If both parties have attorneys, they can work together through their attorneys to settle their differences. This will provide a more amicable end to your marriage.

Property Division In An Ohio Divorce

In Ohio, the division of marital property follows the principle of equitable distribution. This means that property and debts are divided fairly, though not necessarily equally. The court takes into account various factors to be sure that the division is fair and just. These considerations include:

• Length of the marriage: The duration of the marriage plays a crucial role in asset division. Longer marriages often result in a more equal distribution of assets, as the contributions of both spouses are recognized over an extended period.
• Economic circumstances: The court evaluates the economic situation of each spouse post-divorce, including their income, earning potential and financial needs. This assessment helps determine a fair distribution that supports each spouse’s ability to maintain a reasonable standard of living.
• Financial contributions: Contributions made by each spouse to the acquisition and maintenance of marital property are assessed. This includes both direct financial contributions, such as income and investments, and indirect contributions, such as homemaking and caregiving.
• Assets and liabilities: All marital assets and debts are identified and valued. This includes real estate, bank accounts, investments, retirement accounts and personal property. The division considers both the value of the assets and the extent of any associated debts.
• Contributions to marital property: Contributions to marital property are considered, whether financial or nonfinancial. This includes evaluating the role each spouse played in increasing the value of marital assets, such as improvements to the family home.
• Custody and support arrangements: Decisions regarding child custody and support can influence the division of assets. The court may consider the needs of the children and the financial implications of custody arrangements when dividing property.
• Spousal support: If spousal support (alimony) is awarded, it can affect the distribution of marital assets. The court may adjust asset division to make sure that spousal support is fair and considers the financial needs of both spouses.
• Premarital assets: Assets owned by either spouse before the marriage or acquired by gift or inheritance during the marriage are typically considered separate property. However, if these assets have appreciated in value due to the efforts of either spouse, that increase may be subject to division.

These factors collectively help ensure that the division of assets in an Ohio divorce is equitable. For personalized guidance through this process, Laura Helmbrecht, Attorney at Law, is ready to provide knowledgeable legal support tailored to the unique circumstances of your case.

Frequently Asked Questions About Divorce

Since 2005, divorce lawyer Laura Helmbrecht has helped hundreds of clients in Columbus and its surrounding communities. Here are the answers to some of the questions she is most commonly asked:

Why should I hire Laura Helmbrecht for my divorce?

When it comes to matters involving your family and loved ones, you need an attorney who is not only skilled and knowledgeable but also compassionate and supportive. You need someone who will know what you need and advocate for your best interests. Attorney Laura Helmbrecht will bring both empathy and confidence to your case. She has the experience to know what you will need to establish now that will help you transition into your new life.

What if my ex does not agree with the divorce?

In a perfect world, divorce would not need to be contentious. But in all too many cases, an ex refuses to agree to the terms of your divorce. In these cases, you need to negotiate and, sometimes, litigate the terms of your divorce. Attorney Laura Helmbrecht can help you do both. She is both a skilled mediator and litigator, and she can help you come to a resolution in or out of court. Whatever your divorce comes to, she’s prepared to help you get what you need.

How do I file for a divorce or dissolution in Ohio?

Ending a marriage in Ohio can be challenging. It starts with meeting residency requirements. If you and your spouse agree to end your marriage, you must file a petition for the dissolution in the county for one of the parties live, or file the complaint for divorce in the county where the plaintiff lives. There is also a hearing regarding your proposed separation agreement, which addresses areas of potential disagreement like the distribution of your property and child custody. Then, you must move on to the more complicated parts of the process involving dividing your property and figuring out custody of your children. If you and your spouse do not agree, you will most likely need an attorney to help you navigate the divorce process with the court.

What is the difference between a contested and an uncontested divorce in Ohio?

In Ohio, a contested divorce occurs when spouses cannot agree on one or more issues, such as child custody, division of assets or spousal support. This type of divorce involves litigation, where a judge decides on the unresolved matters. Contested divorces can prolong the legal proceedings, resulting in increased emotional and financial strain on both parties involved.

An uncontested divorce occurs when spouses can reach agreements on all aspects of the divorce, including child custody, property division and support, without court intervention. Dissolutions, or uncontested divorces, generally proceed more quickly and cost less than contested divorces.

What are the grounds for divorce in Ohio?

Divorce is granted on grounds such as adultery, neglect of duty, extreme cruelty, willful absence for one year or living apart for one year, habitual drunkenness and imprisonment, and incompatibility.

However, no-fault divorces, which are more common, can be granted based on the grounds of incompatibility or living separate and apart without cohabitation for one year. No-fault divorces do not require proof of wrongdoing by either spouse and are often simpler and less contentious. This can lead to a less stressful and more straightforward process.

Also, couples can opt for the dissolution of marriage, a nonadversarial process in which they mutually agree to end the marriage and resolve related issues without going to trial.

Consult A Columbus Dissolution Attorney

Are you contemplating a divorce? An experienced divorce or dissolution attorney can walk you through the next steps. Attorney Laura Helmbrecht provides knowledgeable and caring guidance through every step of the process. To schedule an initial consultation, send a message through the online form or call the office at 614-929-3164.