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What provisions should a separation agreement include?

If you are facing the prospect of a military divorce in Ohio, it may be to your advantage to seek a dissolution instead, depending on your circumstances. A dissolution involves mutual decision and agreement on the part of you and your spouse in matters related to parental responsibilities and division of property. Compared to traditional divorce, dissolution usually takes less time to complete. 

According to Ohio state law, a separation agreement is necessary for a dissolution of marriage. It should incorporate within your petition for dissolution. Both you and your spouse should sign each document. 

If you have minor children, the separation agreement should outline how you, as the children's parents, intend to share responsibilities for their care and parental rights. It should address issues related to child custody by designating both a legal custodian and a residential parent. The former has decision-making capabilities, while the latter provides the child with a home.

If one parent is to receive child support from the other, the separation agreement should include the requirements. The same applies to spousal support, i.e., alimony. The separation agreement should also provide for the division of property according to a detailed set of regulations. 

There is a window of opportunity in which you can amend a separation agreement. It closes at the end of the hearing on the petition of dissolution of marriage. The court can modify terms of a separation agreement, but only if the spouses include authorization to that effect in the agreement itself. 

The information in this article is not intended as legal advice but provided for educational purposes only.

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