Couples in Ohio who wish to end their marriage can choose an alternative option to divorce called “dissolution of marriage.” This is a separate and distinct way to terminate a marriage, not available in most states.
Both divorce and dissolution are legal processes, but dissolution requires far less court intervention and offers some other benefits. If circumstances allow it, dissolution is generally more convenient, less stressful, quicker, and less costly than a divorce.
The family lawyers at Nielsen Miller Law in Columbus can help you decide on the best way forward and, if appropriate, arrange a dissolution of marriage to help you part ways efficiently and amicably.
What is dissolution of marriage?
Dissolution of marriage is a legal process, but one that requires minimal court involvement and considerable cooperation between spouses.
A couple looking to end their marriage agrees to a no-fault termination that requires no legal grounds. The spouses work out the key details concerning property division, parental rights and responsibilities (if applicable), and support payments. They then sign a mutually acceptable separation agreement and parenting plan (if applicable).
The couple needs to file a joint petition for the dissolution of their marriage. The separation agreement simply needs to be approved by the judge. So, the court’s role is purely administrative—to review and approve the separation agreement and parenting plan.
Benefits of dissolution over divorce
Dissolution of marriage is similar to an uncontested divorce in that the spouses agree on all aspects of the separation. However, they are separate legal processes, with dissolution being more straightforward.
The process only works if couples mutually agree on the terms of separation and can collaborate on solutions openly and amicably. If both spouses can commit to this, the benefits of dissolution over divorce include:
- A faster resolution process, taking a few months rather than a year or more.
- Less form-filling (all forms can be filed at one time).
- Far less adversarial and stressful than a contested divorce.
- Reduced costs, due to lower legal fees and court costs.
- More privacy than with divorce litigation (especially if the case ends up at trial).
- Better for maintaining family relationships, especially if you have children.
- Less financial strain on spouses, as family assets do not need to be frozen like in divorces (to prevent spending down the family’s bank account).
Requirements for dissolution in Ohio
Although dissolution of marriage requires no fault to be apportioned to either spouse and no legal grounds to terminate the marriage, a basic residency requirement applies before spouses can file a petition in Ohio.
At least one spouse must have been an Ohio resident for six months before filing the dissolution petition.
The other main requirement for a dissolution is that the spouses have written agreements covering the following:
- Marital property division.
- Parental rights and responsibilities (child custody) and parenting time, if applicable.
- Child support provisions, if applicable.
- Spousal support, if applicable.
- Division of debts.
The dissolution process in Ohio
Once the spouses have successfully worked out the above issues and are prepared to sign a binding agreement, they must draft a separation agreement. This may require the input of a qualified family lawyer so that the deal is legally binding under Ohio law.
The spouses must then jointly file the petition for dissolution at the Court of Common Pleas in the county where either spouse has lived for the past 90 days. They must complete the Petition for Dissolution of Marriage and Waiver of Summons. Unlike with divorce, no formal “complaint” or litigation is required.
Between 30 and 90 days after filing, a brief court hearing will be scheduled, and the dissolution decree will be issued, legally terminating the marriage. The separation agreement effectively becomes a court order, enforceable like any judgment.
The spouses must both appear in person in court at a 5–10-minute hearing. Here, they swear under oath that they voluntarily signed and fully understand the agreement, and that the deal is fair and equitable.
Suppose the spouses appoint one of our Ohio dissolution attorneys. In that case, the lawyer can draw up and file all necessary paperwork, and both parties can meet with a private judge, who can conduct the hearing in our offices or even, sometimes, by video conference.
The entire marriage dissolution process can take as little as 45–90 days. More typically, with time allowed for negotiations before the settlement agreement can be drafted, the process takes 60-120 days.
How can our marriage dissolution lawyers help?
During the marriage dissolution process, our Columbus-based dissolution lawyers can assist with:
- Identifying whether dissolution or divorce is more suitable for your situation.
- Negotiating and drafting the separation agreement and parenting plan.
- Ensuring all legal requirements are met.
- Advocating for fair and equitable arrangements.
- Providing mediation or alternative dispute resolution options (if necessary).
- Protecting your rights while reducing conflict.
Our attorneys are experienced in facilitating smooth dissolutions of marriage, so that spouses can part amicably and in the best interests of both parties.
FAQs
What happens if disputes arise during a marriage dissolution?
If disputes arise during the dissolution process, the case may need to be converted into a divorce action. This would then be a litigated resolution, and a judge may need to decide certain key matters.
Can we change our settlement agreement after filing for dissolution?
Yes, you can change the settlement agreement after filing, but before the final hearing, if both spouses agree and submit the revised version to the court. After the dissolution decree is issued, only some parts of the agreement related to children or modifiable support can be changed by court order.
What if we cannot agree on one major issue?
If you and your spouse cannot agree on one crucial issue, you can attend mediation to attempt to resolve it. If not, a dissolution of marriage will not be possible, and you may need to convert to a divorce.
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss dissolution of marriage in more detail and to learn how our experience and resources can work for you.
