A legal separation occurs when there has been a severance of the marriage by either party moving out of the domicile home or a severance by other means. A legal separation can exist by formal proceedings with the court upon filing a Separation Agreement with specific Separation Agreement Provisions with the court. A legal separation does not end the marriage. It only puts the creditors on notice that there has been a separation of the married individuals. It does not extinguish any legal obligations on the marital debts, and it does not end the marriage.
Dissolution is also known as an uncontested divorce in Ohio. When there is an agreement between the parties of all marital property and marital debts, a dissolution can occur upon the filing of various documents with the court. In Ohio, a dissolution is commenced with the filing of a Complaint. However, a dissolution requires an agreement on an equitable distribution of all marital assets and debt. At any time in a dissolution, if there is a disagreement on any of the assets, debt, child support, or spousal support prior to the time of court approval of the dissolution, the court can convert the dissolution into an action for divorce.
Dissolutions that are approved by a court order can end a marriage. However, some contractual loans, like a mortgage that is signed by both spouses, may still exist after a dissolution is approved. There are various options that can be explored with mortgage companies, such as refinancing, assumption loans, short sale, real estate sale, and foreclosure. Dissolutions need to deal with all marital obligations including child support, spousal support, and health insurance issues. During a marriage, if 2 parties sign a contract on an obligation, like a credit card or loan, the creditor sometimes has the option to release a party from contractual obligations.
Sometimes parties have the best intentions to ending the marriage partnership peacefully in a dissolution in Ohio, but negotiations between the parties break down because of the emotional involvement, memories, and history between the parties. When the negotiations break down in a dissolution in Ohio and the parties reach an impass, a contested divorce may be the only option.
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