Those trying to move forward with the end of their marriage with an amicable split may choose dissolution over divorce in Ohio. Instead of letting the court decide matters regarding property division and parenting, you retain control when you choose dissolution. Since it tends to be quicker, it is also less expensive. It may seem beneficial to put together the paperwork on your own – after all, why get lawyers involved if you are trying to keep it amicable?
This belief is based on two misconceptions. First, that lawyers will increase the risk of a contentious separation and second that they will increase the expense. The reality is the right lawyer will serve as your advocate, working to better ensure the agreement honors your wishes while also working to mitigate the risk of any surprise expenses after you finalize the end of the marriage.
DIY errors that can trigger additional expense
The best way to reduce the expense of dissolution is to have an agreement both parties are willing to accept and to move forward with the proper procedure. A single misstep can lead to unintended consequences and additional expenses. Common mistakes can include:
- Improper service: Ohio law requires both parties to properly notify each other of the dissolution. A failure to have a signed receipt, unclaimed mail, or other failure to provide acceptable proof of delivery can cause costly delays.
- Failure to provide full financial disclosure: A dissolution requires trust, but it is important to verify the information provided by the other party especially as it pertains to financial disclosures. A failure to include all assets and debts can result in surprises after you finalize the dissolution.
- Focus only on forms: The reality is the end of a marriage is more than just filling out forms. It requires careful negotiations that take into account the impact of the marriage on each party’s past, present, and future as well as protecting their individual interests.
You can protect your interests while still moving forward with an amicable dissolution by finding legal counsel that is familiar with the process and willing to honor your goals.
A “review only” approach often backfires
It can take longer to fix mistakes than to do it right the first time. When reviewing proposed documents attorneys often need to reconstruct intent, verify compliance, correct inconsistencies and then draft replacement language anyway. Courts also notice patchwork pleadings. Although they are not deciding matters for you they will review and sign off on the documents. Inconsistent documents can increase scrutiny and lead to delay. Remember: a dissolution package must function as a complete system, not a set of individually acceptable pages.
DIY dissolution paperwork often creates hidden costs through delays and corrections and increases the risk of enforcement problems. A dissolution carries long term legal consequences. Careful legal analysis can mitigate the risk of surprises and help increase the odds of a smooth transition into your future.