Information requested

[whysterno]

What is the name of your state? Ohio

I am looking for information in obtaining a dissolution in the state of Ohio. I am the mother of 2 minor children and have been seperated for 3 years. I and my husband can not afford to file for divorce as the legal fees and the lawyer fees will total at least $800- $1000.

This is unbelievable to me as neither of us are seeking custody, sole child support, or alimony. In fact it is a very civil seperation. Each of us has taken a child and rotate weekends and holidays. The children are just as content with the arrangments. What I am finding however, is the court system, and legal aid resources in this Toledo, Ohio area are not intrested in assisting those of us who are being civil and show NO type of abuse, or the like. Even though I am unemployed and have medical disablities that keep me from holding a job.

I have researced many "do-it yourself" filing pakets, and resources and the "clerk of courts" states that most all the availble "kits" are not recognized by the courts. I simply would like to get the process over and conitue on with our lives for the children, my husband and myself.

If anyone has any information, or avenues that perhaps I have over looked, I would be most appreciative.

 

[Whyte Noise]

Call the clerk of the court and request the proper forms from them. A lot of courthouses now have packets for people divorcing pro se. If they don't have the forms, then ask them SPECIFICALLY what forms you'd need to file, then look for them online or at the law library there.

What they told you is true. Each state has different ways of going about the same procedure. In one state, you're a Respondant, in another a Defendant. A Petitioner in one, a Plaintiff in another. And a lot of times each county within the state has different filing regulations as well. Some you have to file a parenting plan with, or go to parenting classes, others you don't. Some you have to attend mediation before you can file, others you don't. Your best bet is to call the clerk and ask about it. If she can't, or won't, tell you, go to your local law library and look up exactly what forms you need to file. There is more than just one, I guarantee you.

 

[JETX]

From the Ohio Bar Association:
"A Dissolution of Marriage process may eliminate much of the divorce process and expense. Unlike a divorce, fault grounds are not at issue. Dissolution is often thought of as no-fault divorce.

A Dissolution Petition is not filed with the Court until the parties have reached an agreement on all the issues that must be addressed in a divorce matter. Designation of a residential parent, parental rights, visitation, child support, spousal support, division of property, payment of debts, and payment of attorney fees must be considered in either case.

While the parties are negotiating, there is no subpoena power available, so the parties must voluntarily trade information. Professionals can, however, be hired to evaluate property, etc.

When an agreement is reached and filed with the court, a hearing must take place within 30 to 90 days. Both parties must appear and testify that they are satisfied with the agreement; that they have made full disclosure of all assets and liabilities; that they have voluntarily signed the agreement; and that they both want the marriage dissolved. The Court must also approve the parties' agreement.

Because there is no court involvement until an agreement is reached, all the temporary orders and possible hearings that might occur in a divorce case are avoided. The end result of both a divorce and a dissolution of marriage is the same: the marriage is terminated."

Below are sites with good information on Ohio marriage dissolution:
http://www.divorcesource.com/OH/ARTICLES/levin1.html
http://www.akronbar.org/public/pdf/Divorceprocedure.PDF
http://www.divorcesupport.com/statelaws/ohio.shtml
http://www.butlercountyohio.org/drcourt/pdfs/Compliance Forms/2002C09 instructions for petition.pdf

There is a book available from B&N at:
http://search.barnesandnoble.com/booksearch/isbnInquiry.asp?isbn=1572481900
It might be available at your local bookstore or library.

Also, online 'form-kits' can be found at:
http://www.elawpak.com/diss.html
http://www.the-law-store.com/ohnofdivwizw1.html

 

[fried eggs]

Consider also the use of a paralegal!

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