If you are thinking about ending your marriage in Ohio, you may have heard the terms “divorce” and “dissolution.” Although both can legally end a marriage, they are different legal processes.
Understanding how each works can help you decide which approach fits your circumstances.
What Is a Dissolution in Ohio?
A dissolution is generally used when you and your spouse have already reached an agreement about the terms of ending your marriage. Ohio law requires both spouses to sign the petition and agree on matters such as property, debts, spousal support, and, when applicable, parental rights, child support, and parenting time.
Because the spouses work out these issues before filing, a dissolution does not involve the same type of contested litigation as a divorce. Ohio law requires a hearing to take place between 30 and 90 days after the petition is filed. If the court finds that the requirements have been met, the marriage can be dissolved.
A dissolution may be an option when both spouses are willing to communicate and compromise. However, it is still important to address financial and parenting issues carefully. Understanding how Ohio divides marital and separate property can help you identify the assets and debts that should be addressed in your agreement.
What Is a Divorce in Ohio?
Divorce follows a different process. Instead of filing jointly with an agreement already in place, one spouse generally files a complaint asking the court to end the marriage. The other spouse then has an opportunity to respond.
Divorce may be appropriate when you and your spouse cannot agree on important issues. Those disagreements could involve property division, spousal support, child custody, parenting time, or other matters. When the spouses cannot resolve their differences, the court may make decisions on the disputed issues.
Ohio also permits both no-fault and fault-based grounds for divorce. In a no-fault divorce, incompatibility can be one of the grounds asserted under Ohio law. Fault-based grounds can apply in certain circumstances.
Divorce vs. Dissolution: What Is the Difference?
The main difference is whether you and your spouse can reach a complete agreement before filing. With dissolution, both spouses agree on the terms and proceed together. With divorce, the court process provides a way to resolve issues when an agreement cannot be reached.
The timeline can also differ. A dissolution has a required hearing window of 30 to 90 days after filing, while a contested divorce may take considerably longer depending on the issues involved.
If you are dealing with disagreements over property, reviewing Ohio’s rules for dividing marital property may help you understand what can become part of the dispute.
Which Process Should You Choose?
There is no single process that fits every couple. If you and your spouse have reached a complete agreement and can work cooperatively, dissolution may provide a way to formalize that agreement through the court.
If important issues remain unresolved, divorce may provide the legal process needed to address those disagreements. Your circumstances, financial situation, children, and ability to communicate with your spouse can all affect which process is appropriate.
Get Legal Guidance Before Filing
Choosing between divorce and dissolution can affect how your case proceeds, so it is worth understanding your options before filing paperwork. An attorney from our team can review your circumstances, explain the differences between the two processes, and help you understand what to expect.
If you are considering ending your marriage in Ohio, you can contact us today to discuss your situation and learn how David Shook can help you in your specific circumstances.
