Divorce

Dissolution vs. Divorce in Ohio

In Ohio, a dissolution of marriage is often thought of as a "no-fault" divorce. Unlike divorce, a dissolution does not require that the parties allege and prove fault grounds. However, a dissolution can only be filed once the parties have reached an agreement on all issues that must be addressed to terminate the marriage. This agreement is contained in the parties' separation agreement that is filed with their petition for dissolution. Once filed, the final hearing on the dissolution is held within 30 to 90 days.

The Uniform Services Former Spouse Protection Act

The Uniformed Services Former Spouses Protection Act (USFSPA), a federal statute, governs the calculation and division of military pension benefits in a divorce case. Also, soldiers are provided some procedural protections under the Servicemembers' Civil Relief Act of 2003 (SCRA) which superseded the prior Soldiers' and Sailor's Civil Relief Act of 1940 (SSCRA). The SCRA contained several updates and new protective provisions for soldiers and service members that the Soldiers' and Sailors' act did not contain.

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Temporary Orders

Ohio Civil Rule 75 provides the domestic court with the ability to issue orders to temporarily allocate parenting time; child support and spousal support obligations; beneficial use of the residence, automobiles, or personal property; and obligation for making payments on marital debts pending the final hearing on the complaint for divorce. The procedure used for issuing temporary orders from varies county to county, but the initial orders are generally issued based on the court's consideration of affidavits and other documentation submitted by the parties.

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Tax Consequences in Divorce

Tax consequences should always be considered as central to any financial decision in a divorce action. Yet, they are sometimes an afterthought of attorneys and parties who are aggressively seeking settlement of other key issues.

Parties often make choices which have considerable tax implications before they even see a divorce attorney to "formalize" the termination of their marriage. While the agreed resolution of the financial issues in the divorce case may appear fair on the surface, it may be far from fair once tax implications are factored in.

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Rights of Active Duty Military Personnel in Military Divorce and Custody Cases

Right to Stay of Civil Court Proceedings

50 U.S. Code App. ยง 202 provides that a state court may, on its own motion, and shall, upon application by a servicemember which meets these criteria, stay the proceedings for at least 90 days:

a. The applicant is in the military service, or within 90 days after it ended;

b. The applicant has actual notice of the proceeding;

c. The application is in writing, and includes facts stating how military service materially affects ability to appear, and a date when the servicemember may appear; and

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