Unlike in most states, when a couple in Ohio ends a marriage, they must choose between two legal processes rather than one: dissolution of marriage or divorce.
These two ways to end a marriage have distinct meanings, with separate legal processes involved. The proper method for you as a couple depends on the circumstances of the relationship breakdown and whether you can commit to a process of cooperation.
Understanding the key legal differences between the two and the consequences for each spouse and the children is essential for any couple seeking to end a marriage in Ohio.
Dissolution of Marriage vs. Divorce
Essentially, the Ohio family law system recognizes two ways to legally end a marriage: divorce and dissolution.
Divorce is used when spouses cannot agree on all issues and require court intervention. Dissolution is available for couples who can reach a complete agreement on every key matter. Unlike most other states, Ohio offers this separate legal process to allow couples who split amicably to finalize their separation more quickly and with minimal court involvement.
What Is Dissolution of Marriage?
Dissolution of a marriage is a mutual and voluntary legal process that terminates a marriage in Ohio. A married couple signs an agreement covering the terms of separation. This separation agreement includes:
- The division of assets and debts;
- How spousal support will be paid; and
- The allocation of parental rights and responsibilities (detailing how each parent will maintain an ongoing and meaningful relationship with the children of the marriage, if applicable.
Dissolution can be a great option for spouses who are able to cooperate and do not need judicial intervention to settle any key issues.
What Is Divorce?
Divorce also legally ends a marriage in Ohio, but requires more court intervention to settle the key matters outlined above. In some cases, known as uncontested divorces, the level of court involvement is minimal. However, disputes can arise about the grounds for divorce or the settlement terms, leading to divorces that are highly contested, adversarial, stressful and expensive.
Thankfully, however, divorce trials are rare in Ohio. Parties can settle most issues through alternative dispute resolution methods, such as negotiation, collaboration between lawyers, and mediation.
Process of Divorce vs Dissolution
With the divorce process, one spouse must file divorce papers (a “complaint”), citing one of the legal grounds (reasons) for divorce in Ohio. Most commonly, a no-fault divorce proceeds based on incompatibility after living separate and apart for a year.
However, fault-based divorces, which require proving adultery, cruelty, or abandonment, are also permitted in Ohio. These are more likely to end up in conflict and a trial, though they are much rarer than no-fault divorces nowadays.
Around 120 days after a divorce filing, the court schedules a status conference and, later, a pretrial conference. In the meantime, issues may be resolved through negotiation, collaboration between lawyers, or mediation. Otherwise, a judge will need to decide the key matters, issuing temporary orders and scheduling contested hearings before final orders are issued.
Contested divorces can be adversarial, complex, and time-consuming, lasting many months up to a year or more.
With the dissolution process, neither spouse needs to assert grounds to end the marriage. It begins with negotiation between the spouses.
They work out the terms of their separation, including the division of assets/debts, who pays support, and the parenting arrangements (usually via a shared parenting plan). The Ohio courts are not involved in issuing any temporary orders, as the spouses craft the separation agreement themselves, and no court hearings are necessary.
This separation agreement serves as a legally binding contract between the spouses. After finalizing an agreement, spouses file a request for dissolution. The deal forms part of the final decree, an enforceable court order usually granted 30-90 days after the application for dissolution is filed.
Benefits of a Dissolution Over a Divorce
There are numerous benefits to a dissolution over a contested divorce in Ohio:
- Reduced time and costs. The more straightforward and faster passage of a dissolution through the courts (30 to 90 days after filing the petition, as opposed to 12-18 months for divorces) ensures lower court fees and legal costs.
- Reduced stress. Contested divorces can be stressful for all parties concerned, and the reduced stress of a dissolution is especially preferable for marriages with children.
- Greater convenience. A dissolution removes the requirement to appear in person in court (even for the final hearing), as an attorney can draft and file all of the necessary paperwork.
- Less financial strain. With a dissolution, family assets like savings, insurance, etc., do not need to be frozen, as in some divorces (to prevent one spouse from wasting them), thereby reducing the potential financial strain on spouses.
- More decision-making control. With a dissolution, the spouses retain control over the major decisions that affect their lives; in a contested divorce, a judge may need to make those decisions.
A dissolution only works if both spouses are prepared to work towards it. If one party needs protection from domestic violence or financial irregularities, such as concealment of assets, a divorce will be the only available choice.
What Is the Difference Between an Uncontested Divorce and Dissolution of Marriage?
Both uncontested divorce and dissolution of marriage involve spouses who agree on all major issues, but the legal processes differ.
In a dissolution, the spouses file a joint petition and attend a single brief hearing. No formal complaint or litigation is required.
An uncontested divorce requires one spouse to file a divorce complaint, but the other does not contest it. A judge grants the divorce after reviewing the settlement agreement, and the process is technically a divorce case rather than a joint petition.
Legal Assistance with Dissolution and Divorce in Columbus, OH
Choosing the right legal path for ending a marriage can make life easier for both spouses during a relationship breakdown.
Whether you choose to pursue a divorce or dissolution of marriage, working with an experienced Ohio family law attorney can help guide you through the process and protect your legal rights and best interests.
Contact Nielsen Miller Law today for a 30-minute consultation or call us at 614-505-5555 to discuss your circumstances in detail and to learn how our experience and resources can work for you.
