Delaying your divorce? Things you should know before filing for legal separation; an unexpected court decision for you and your spouse
When I began to practice family law in 1988, there were three (3) major proceedings in the Domestic Relations Courts of the State of Ohio:
- Divorce: Wherein one party files a Complaint for Divorce and the other party generally files an Answer and Counterclaim. The proceeding is assigned to a Judge and the case is managed by that Judge and the Court. The parties’ marriage would be terminated via a Final Judgment and Decree of Divorce. A divorce proceeding generally takes nine (9) months to twelve (12) months to reach closure.
- Dissolution: Wherein the parties file a Petition for Dissolution of Marriage with a Separation Agreement attached thereto. This proceeding is characterized as being “settled” at the time of filing. A hearing is held at least thirty (30) days after the filing of the Petition and the parties marriage is terminated via a Final Decree of Dissolution of Marriage.