Columbus, Ohio Dissolution Lawyer

Lisa M. Slotnick, Attorney at Law

Dissolution Overview
In a dissolution of marriage, the parties petition the court seeking to end their marriage based upon agreed upon terms and conditions. Both parties sign off on the agreement and both attend the hearing to dissolve their marriage. The hearing can occur in the Courthouse in front of a Judge, or in my office, in front of a private Judge.

When dissolving a marriage it is imperative that the parties have discussed how to divide their marital assets and debts; whether any spousal support will be paid; and the custody and support of their children, if applicable. There are some people, because of their circumstances, who cannot end their marriage by dissolution and it is always helpful to consult with an educated Columbus, Ohio dissolution attorney.

All dissolutions of marriage require the parties to address the following significant areas as they relate to their particular situation:

Marital Assets: Generally, all assets acquired by either party during the marriage are considered marital assets. Although, there are some limited exceptions, such as inheritances, “marital assets” encompass all property acquired during the marriage regardless of how the property is titled or owned.

Marital Debt: As with marital assets, marital debt includes all debt incurred by the parties during the marriage. It is presumed that debt incurred during the marriage was for a marital purpose and that both parties are jointly liable. Again, there are limited exceptions, but it is important for parties to understand how best to structure payment of debt when ending a marriage.

Spousal Support: Spousal support is not automatically ordered by the Court and is used to provide stability for one of the parties (obligee) through the continued financial support by the other party (obligor). Spousal support can be agreed upon for a certain time period following the dissolution (months or years); can be contingent upon the occurrence or non-occurrence of an event (e.g. remarriage by the obligor); and will be set for a particular amount (e.g. $500 per month). It is important to understand the tax implications of spousal support in that in most instances spousal support is tax deductible to the obligor and taxable to the obligee.

Child Custody: When dissolving a marriage with children, the parties must address how best to care for their children. There are two types of custody arrangements under Ohio law: sole custody and shared custody. Basically, sole custody means that one person has legal custody of the children. Shared custody, or shared parenting, means that both parents have legal custody of the children together. It is a common misconception that if a person enters into a Shared Parenting Plan, then both parents must have equal time with the child, and that is not the case. Custody, whether sole or shared, merely pertains to the authority the parties have to make decisions regarding the care of the children; for example, parents can make joint decisions regarding major medical issues, and extracurricular activities when they have shared custody of a child. Parenting time with a child deals with the physical time a parent spends with a child and is separate and apart from the legal custody of the child.

Child Support: All parents are required not only to care for the physical needs of their child, but to also support the child financially. To that end, child support is ordered in most parenting arrangements to meet this obligation. The amount of child support is based on the parents’ gross combined income and the number of children. Not all income is includible for determining the parties’ gross income and it is beneficial to have the services of a well qualified Columbus, Ohio dissolution attorney to properly assist in determining appropriate child support. Other issues relating to child support are determining which party will carry health insurance for the benefit of the minor children, and which party will be able to claim the children as dependents for federal and state tax purposes.

Please contact Lisa M. Slotnick, Attorney at Law, for more information about a dissolution.

Columbus, Ohio Dissolution Attorney