A separation agreement is a written contract between two spouses wishing for a divorce, annulment, or dissolution of marriage. Many couples that want to terminate their marriage without a trial will use the separation agreement as a primary document in court. It is used to divide property rights, parental rights, and other shared interests. The agreement will include, but are not limited to:
- Child Support and Spousal Support
- Child Custody Rights and Visitation
- Marital Liabilities and Marital Assets
- Insurance and Interests
Seeking to split from a spouse can be a difficult and mentally taxing ordeal. So many factors and circumstances are involved with the process: spousal support, the fair separation of property, whether child support must be decreed. Finding a knowledgeable and experienced divorce lawyer near Columbus is imperative in resolving a case of this magnitude.
Attorney for Separation Agreements in Columbus, Ohio
Joslyn Law Firm has been a mainstay in the Columbus, Ohio area for years and has aiding the Franklin Ohio community in family law cases in these surrounding counties: Delaware County, Fairfield County, Licking County, Pickaway County, and Madison County.
Joslyn Law Firm treats each and every case with the same professionalism that has helped build their reputation in the Columbus area.
A legal separation can be a very difficult thing to handle, but with an experienced, helpful attorney with numerous cases under his or her belt at your side, it will be much, much easier.
Overview for Separation Agreements in Ohio
Obtaining a Separation Agreement in Ohio
The judgment of the Court of Common Pleas during a divorce or legal separation concerns many circumstances. Upon proof that satisfies, the court may pronounce that the marriage is officially absolved with both parties released from their marital obligations.
This juncture of the process now involves the separation agreement. In addition to granting the legal separation or dissolving of the marriage, there are terms that will be enforced in accordance to the separation agreement. These listed agreements can contain these terms:
- Providing for the support of children under the age of 18;
- An agreement entered voluntarily is enforceable by the court of common pleas upon motion of either party, if the court determines that it be in the interest of justice and equity;
- If the court has a division of domestic relations, all cases under that division will be assigned to the judges of that division;
- Plea of condonation or recrimination is not a bar to a divorce;
- Upon the approval of divorce, during a compliant, each party will be barred of the right of dower in real estate seized at any time during coverture.
- After the granting of judgment, when real estate has been granted to one party, the other party is barred all rights of dower.
The Power of the Court in Ohio
In most cases, the marriage is terminated quickly once the separation agreement is drafted up and presented to the court. Other times this is not the case. If either spouse is not satisfied with the separation agreement or does not wish to terminate the marriage, the court may refuse to validate the proposed agreement.
If the separation agreement contains a plan for shared custody rights by both parties, the court will then review these proceedings. In addition, the court will review division of shared property between both spouses in the separation agreement.
Take note, the court has full power to modify all matters pertaining to parental rights or spousal support. If the court sees that the spousal support or custody plans are not fit, alterations to the original separation may be made. The court must have the written consent or agreement from both parties to modify any property divided.
Ohio Revised Code | 3105.10 – Visit the official website for Ohio’s Laws and Rules to read more about the statutes that govern Ohio. This statute details the separation agreement in accord with obtaining a divorce, legal separation, or annulment in the state.
Ohio State Bar Association | Divorce, Dissolution, and Separation – Learn more about how Ohio views divorce, marriage dissolution, and separation from the official website of the Ohio State Bar.
Find a Separation Agreement Attorney in Franklin County, Ohio
If you or a loved one are going through a divorce or need legal advice about separation agreements, it is imperative you contact a knowledgeable attorney right away.
Joslyn Law Firm has practiced law in the Columbus, Ohio area for years. Our attorneys have handled many divorce, annulment, or dissolution of marriage cases. Contact Joslyn Law Firm if you need legal advice from experienced family law attorneys.
Joslyn Law Firm has fought cases in each of these surrounding county seats: Delaware in Delaware County; Circleville in Pickaway County; London in Madison County; Newark in Licking County; and Lancaster in Fairfield County.
Get the help of an experienced attorney, who knows just what the verdicts mean for his or her clients. These moments are not easy to tackle alone.
Schedule a free consultation with Joslyn Law Firm by calling (614) 420-2424 today.
This article was last updated on September 21, 2018.