First, make sure your spouse is on the same page. In order to obtain a dissolution of marriage, both you and your spouse must not only agree to terminate your marriage, but also must agree to all the terms. If you and your spouse cannot agree, then you will have to file for divorce in order to end your marriage.
The following is a list of issues that must be settled with your spouse in order to obtain a dissolution of marriage:
1.) Division of all your property and debts– This includes division of all real estate, bank accounts, retirement accounts, personal property, credit card debts, loans, etc.
Important Note: In a divorce proceeding, the Court would first determine which property or debts are separate and which are marital. Only marital property and debts would then be divided among the parties, while separate property and debts would generally be awarded to the separate owner or debtor. For more information on determining whether property or debts are separate or marital, call our office to speak to one of our attorneys. (440) 333-2503.
2.) Spousal support– Whether or not spousal support will be paid by one spouse to the other and if so, how much and for how long.
Important Note: In a divorce proceeding, the Court would look at a number of factors to determine whether spousal support should be awarded including but not limited to the duration of the marriage, the earning abilities of the parties, standard of living established during the marriage, etc. For more information on determining what spousal support would be appropriate, if any, call our office to speak to one of our attorneys. (440) 333-2503.
3.) Minor Children– If you and your spouse have minor children, you must determine the custody arrangement that will be put in place and whether child support will be paid by one spouse to the other and if so, how much.
Important Note: The agreement should include who will be designate residential parent, a specific custody schedule that will be followed generally and for holidays and special occasions, provisions for decision making and responsibilities relating to health care, education, etc. In addition, the Court requires that Child Support Guidelines are completed using the parties’ respective earnings.