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Law Offices of Virginia C. Cornwell

(614) 225-9316
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Franklin County Dissolution Attorney series Part 5: 5 Dissolution Decisions You Will Need to Make

February 1, 2011

This is the 5th installment in a series by a Franklin County Ohio Dissolution Attorney about the benefits of dissolution. Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist.  Approximately 100 attorneys in Ohio have received this honor. You  can view other articles in the Dissolution in Ohio series by clicking any of the following links:
  • Part 1: Dissolution vs. Divorce
  • Part 2: Is Dissolution or Uncontested Divorce Right for You?
  • Part 3: No Fault Divorce is called Dissolution in Ohio
  • Part 4: 10 Reasons Dissolution May Be Right For You
  • Part 5: Five Things You Need to Decide When You Want a Dissolution

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1.  Are you going to have one attorney, two attorneys or no attorneys?  You cannot have one attorney represent both husband and wife in a dissolution.  It is a conflict of interest.  If an attorney represented two parties in a dissolution, divorce, annulment or legal separation, he or she would be subject to discipline for ethical violations.  Attorneys know this or should know this.  If you think both you and your spouse are being represented by the same attorney, think again.  Ask yourself this – who signed a fee agreement with the Attorney?  That person is the client.  That is the ONLY person an attorney is representing.  Attorneys generally try to be pretty clear about this, but unfortunately, sometimes people believe their spouse rather than what the attorney says.  Even though an unrepresented party in an Ohio dissolution must sign an acknowledgement saying that the attorney represents only their spouse and not both parties, sometimes people believe that the acknowledgment is “just paperwork”.  It’s not just paperwork, it’s real.  If there is only one attorney involved and you did not sign a fee agreement with that attorney, then you do not have an attorney and your spouse is the only person getting legal advice about his or her best interest.  You are entitled to represent yourself in a dissolution.  Each spouse can have their own attorney, each spouse can choose not to get an attorney, or one spouse can hire an attorney, but in Ohio you cannot have one attorney representing both spouses in a dissolution, divorce, legal separation or annulment.  For more information about deciding whether or not you need an attorney to handle your dissolution, see this article from our website: Packet of Forms vs. Getting a Lawyer

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2.  Grounds for Dissolution. There must be grounds for dissolution, just like divorce.  Generally, people agree to the “no-fault” ground of incompatibility.  There are 8 grounds for ending a marriage in Ohio, but once parties start going down the blame path things generally start to disintegrate.  To learn more about grounds for ending a marriage, see this article: Divorce Basics

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3.  Is either spouse going to pay spousal support to the other? Spousal support is a touchy subject.  Nobody likes being court ordered to pay spousal support.  But when reaching agreement on this issue, the sensible approach is to look at what a judge would decide if the parties cannot agree.  To learn more about spousal support, or alimony, in Ohio, see this article: Alimony (Spousal Support)

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4. If spousal support is going to be paid:

  • How much spousal support will be paid per month?
  • Have the parties planned for the tax effect of spousal support?
  • How long will spousal support (or alimony) be paid?
  • Under what conditions will spousal support stop?
    • Death of the recipient only (payable by the estate)?
    • Death of either party?
    • Remarriage of the recipient?
    • Cohabitation of the recipient?
    • Expiration of the period of years?
  • Will spousal support obligations be insured with a life insurance policy?
  • If life insurance is to insure the obligations, who will pay for the life insurance?
  • If the parties have no children and no child support is being paid, spousal support can be paid, but is not required to be paid, directly to the recipient.  Will spousal support be paid through wage withholding or directly to the recipient?
  • Is the amount of spousal support that will be received set out in a Prenuptial Agreement (aka Antenuptial Agreement, or “prenup”)?
  • If a Prenuptial Agreement dictates how much spousal support will be paid, or how much spousal support will be paid, is that amount still fair in light of the parties’ current circumstances? (The keyword here is unconscionable – and whether the amount is unconscionable is determined based on the parties’ circumstances at the time the marriage ends, not the time the marriage begins).

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5.  Health Insurance:

  • If health insurance is provided through one spouse’s employer, are COBRA benefits available to allow the other spouse to keep their health insurance?
  • If COBRA is available, how much does it cost?
  • Is either spouse going to seek COBRA coverage?  If so, who will pay for it?
  • If COBRA coverage is not available, does the spouse who will be losing coverage have health insurance available through his or her employer?
  • If private health insurance is necessary for the spouse losing coverage, how much does it cost?
  • If the parties have children, who will provide health insurance for the children after the dissolution?
  • What percentage of co-pays and other costs for the children’s medical care which are not covered by insurance will each parent pay?
  • Are medical care expenses going to include dental, psychological, counseling and other expenses?
You may also be interested in some of the articles from our divorce series:
  • Part 1: Conciliation or Legal Separation
  • Part 2: Dissolution or Uncontested Divorce
  • Part 3: Reasons to Choose Divorce
  • Part 4: Restraining Orders
  • Part 5: Where will you live?
  • Part 6:Paper Work
  • Part 7: Health Insurance
  • Part 8: Attorney Fees
  • Part 9: 5 Dirty Divorce Tricks
  • Part 10: 5 More Dirty Divorce Tricks
  • Part 11: Columbus Ohio Divorce Jurisdiction
  • Part 12: Columbus Ohio Professional Practice Divorce
  • Part 13: Military Divorce Jurisdiction – What State to File In
  • Series on Divorce Part 14: Interstate Divorce
  • Series on Divorce Part 15: Interstate Divorce and Child Custody
  • Series on Divorce Part 16: Psychological Evaluations in Ohio Divorce and Custody Cases
  • Series on Divorce Part 17: Divorce and Medical Practice Owners
  • Series on Divorce Part 18: Can you get a divorce or dissolution in Ohio while pregnant?
  • Series on Divorce Part 19: Separate Property
  • Series on Divorce Part 20: Average Cost of a divorce in Ohio

In addition to the other installments in the Dissolution in Ohio Series (see links at top of the page), you may also find the following topics, which relate to divorce, to be helpful.

  • Adultery
  • Annulment
  • Alimony (Spousal Support)
  • Best Interest of the Child
  • Best Interest of the Child (Shared Parenting)
  • Child Custody (5 part series)
  • Child Custody Jurisdiction
  • Child Support (deviation)
  • Child Support (how much)
  • Child Support (how to pay)
  • Child Support (lower)
  • Child Support (myths)
  • Child Support (resources)
  • Child Support (sign up)
  • Contempt (4 part series)
  • Dissolution
  • Divorce Basics
  • Divorce Myths
  • Father’s Rights
  • Foreclosure Mediation,
  • Grandparents (9 part series)
  • Guardian ad Litem
  • House- Who Gets the House in Ohio Divorce?
  • How Long Your Divorce May Last
  • International Abduction
  • Legal Separation
  • Mediation
  • Military Divorce in Ohio
  • Moving (5 part series)
  • Packet of Forms vs. Getting a Lawyer
  • Parental Alienation
  • Prenuptial Agreements (Antenuptial Agreements)
  • Residential Parent
  • Restraining Orders
  • Shared Parenting
  • Temporary Orders
  • Temporary Orders Affidavits
  • Where to File for Divorce
  • Where will you live during the divorce?

DISCLAIMER – Read it, it’s stuff you need to know!


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AREAS OF PRACTICE

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READ THIS BEFORE YOU READ OUR WEB SITE

1. This site applies to the state of Ohio and matters of federal law only.
2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.
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Ohio Child Support Guidelines Calculator

Ohio Child Support Guidelines Calculator

Blogroll

  • Columbus Ohio Divorce Lawyer

Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation
(614) 225-9316

OHIO STATE BAR ASSOCIATION CERTIFIED FAMILY RELATIONS SPECIALIST

Ohio Bar Association Certified Family Law Specialist

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  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
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  • Interstate Family Law (2)
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  • Legal Separation (5)
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Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

Ohio State Bar Association Certified Family Relations Specialist

Ohio Bar Association Certified Family Law Specialist

Free Information

  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535