Marriage

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.

In Ohio, a legal separation is a process wherein a family law court can issue binding orders dividing a couple's marital property, order spousal support (alimony), allocate child custody, divide parenting time, and issue child support orders. All without terminating the couple's marriage. In some situations, it benefits a couple more to continue their marriage but live separately than it would to terminate their marriage through a divorce or dissolution. For some, the need to keep insurance coverage for medical expenses is of vital concern.

Just as the Court must consider specific factors in determining whether a deviation in child support is appropriate, the court must also consider specific factors in allocating an award of spousal support.

The factors which the court must consider in awarding spousal support are as follows:

1. The income of the parties;

2. The relative earning abilities of the parties;

3. Ages and physical, mental and emotional health;

4. The retirement benefits of the parties;

5. The duration of the marriage;