Cleveland, OH asked in Divorce for Ohio

Q: Hello I am getting a dissolution of my marriage. It is a no fault .There are no children and there will be no spousal su

Is it required by law to still fill out the affidavit of income and expenses since there is not going to be spousal support and there are no children

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1 Lawyer Answer
Anthony C. Satariano
Anthony C. Satariano
Answered

A: The short answer is - Yes. Each court in Ohio has its own filing requirements to file a dissolution. All domestic relations courts in Ohio require an affidavit of income and expense be filed. While you may be agreeing to a dissolution with your spouse, technically a judge will still rule on it. The judge uses the affidavit of income and expense to help determine if the terms of the dissolution are fair and equitable before he approves it. The judge also uses the affidavit to ensure that all assets owned by either party have been properly dealt with in the dissolution agreement and that nothing has been forgotten or left out. If you do not file the affidavit, you risk your filings being rejected for being incomplete. However, you may want to discuss this with an attorney that practices in front of your court frequently to determine the specific local rules.

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