Couples in Ohio who want to end a marriage have multiple options available. They can pursue a traditional, litigated process in a contested divorce. They also have the option of amicably resolving matters and requesting an uncontested dissolution instead.
Dissolution proceedings are generally calmer and faster because the spouses do not have to settle any marital matters in family court. They require less time in court, which helps control the overall expense of the divorce process.
However, for those contemplating the end of a marriage in Ohio, going from a low point in a marital relationship to an uncontested dissolution filing can seem incredibly difficult. Particularly when the spouses share minor children, they may have a difficult time reaching mutually agreeable terms for divorce. There are a handful of parenting matters that adults need to resolve if they hope to proceed with a dissolution.
The parents need a thorough parenting plan
In Ohio, family law judges have the authority to establish a parenting plan when married parents divorce. If the parents have not already done so, a judge can decide how to divide parenting time. They typically declare one parent the residential parent because the children spend more time with them, although both parents may have a roughly even amount of overall time with the children.
Judges also typically expect parents to share decision-making authority to make important choices for the benefit of their shared children through mutual agreement. They also have the authority to order one parent to provide financial support for the children based on the income of both parents or the division of other parental rights and responsibilities.
Parents hoping to proceed with a dissolution therefore need to agree on the overall breakdown of parenting time. They need to determine how they can share decision-making authority and also negotiate financial responsibility for the children. They must provide the courts with a detailed parenting plan clarifying the proposed division of parental rights and responsibilities.
From sharing the holidays with each other to rules for addressing the children on income tax returns, there are many details that parents have to resolve to establish their own parenting plans. The courts review the proposed parenting plan to ensure it is in the best interests of the children. Those who partner with attorneys can benefit from their guidance with both the establishment of necessary terms and the process of negotiating to settle disagreements for an uncontested filing.
Parents who come to the table with an understanding of what the dissolution process requires may find it easier to settle their disagreements for a dissolution instead of a traditional divorce. Approaching parenting issues cooperatively instead of combatively can pave the way to a successful dissolution.