Divorces and Dissolutions
Divorces and Dissolutions
Unfortunately, many spouses find themselves in a situation that requires a divorce or dissolution. Richard R. Guiley has practiced domestic relations law for over 11 years. Prior to obtaining his legal degree, he was the bailiff for one of the Stark County Domestic Relations judges. He credits his four years as bailiff in Domestic Relations court as providing him with invaluable experience on the issues surrounding a divorce or dissolution.
Divorce
Many times, people confuse a divorce with a dissolution. A divorce implies that at the time of filing, the parties have not reached an agreement on how to divide their marital estate or deal with the other issues present in many marriages such as child support, alimony, payment of debt, custody and visitation. Though at the time of filing the parties may not have reached an agreement on all issues, most divorces ultimately result in an agreement that eliminates the necessity of a trial. However, should an agreement not be reached, the final result of the filing of a divorce is a trial. At the trial, a judge or magistrate will decide who receives which property and debt, along with other issues such as custody, child support, visitation, alimony, etc.
Dissolution
A dissolution is merely a short version of a divorce. One way of understanding a dissolution is to view it as a contract. Both spouses are agreeing that the marriage is over and both spouses are agreeing on how to handle the various issues of their marriage. As set forth above, marital issues can involve division of debt, division of assets, alimony, child support, visitation and custody. A dissolution cannot be filed unless both spouses have already reached an agreement on all issues. In other words, before any papers for dissolution can be filed with the Court, the spouses must have already agreed on how to handle each issue. Dissolutions are the preferred method to terminate a marriage for most individuals because they involve less expense, time and animosity. However, because they require agreement between both spouses, many spouses are forced to file for divorce because they can not reach an agreement.
Separation Agreements
All dissolutions have a separation agreement. All divorces that result in an agreement - rather than a trial - also have a separation agreement. A separation agreement is the "contract" between the spouses that divides that assets and debts, and provides for child support, visitation, custody, and alimony. A separation agreement, if prepared properly, will resolve all the marital issues that confront the spouses. A person planning on signing a separation agreement should make certain they understand all its terms and ramifications. The only way to do this is through the use of an attorney that is representing your interests.
Do We Need Two Attorneys For A Dissolution?
The short answer is no. However, if only one attorney is involved, that means that one spouse is unrepresented by counsel. Why? A single attorney cannot represent both spouses in a dissolution because that would create a conflict of interest. If you find yourself as the unrepresented spouse in a dissolution (or even in a divorce) you need to retain a lawyer to represent your interests. Even short-term marriages create scenarios under which both spouses need legal representation.
Should you wish to consult Richard R. Guiley concerning a domestic relations matter, please schedule an appointment with his office.
