Divorce and Dissolution
Understanding Marriage Dissolution and Divorce in Ohio
Ohio law provides several ways for spouses to end or alter their marital relationship. Two of the most common options are divorce and dissolution of marriage. But what’s the difference, and which one is right for you?
Key Requirements for Divorce and Dissolution
- Residency Requirement: You must live in Ohio for at least six months before filing for divorce or dissolution.
-
Visitation
and
Parenting:
- Visitation refers to the rights of non-parents (like grandparents) to spend time with the children.
- Parenting time refers to the time parents spend with their children after separation.
What Is The Difference Between Divorce And Dissolution?
Dissolution
of
Marriage
A
dissolution
is
when
both
spouses
mutually
agree
to
end
their
marriage.
No
one
needs
to
prove
any
reason
(grounds)
to
terminate
the
marriage.
Steps for a Dissolution:
-
Agreement
on
Key
Issues:
- Property division
- Parenting plans (for children)
- Support arrangements (spousal and child support)
-
Filing:
Once both parties agree on the terms, they jointly file a petition for dissolution with supporting documents.
-
Court
Review:
- After filing, you must wait at least 30 days before the court can hear your case.
- The case must be heard within 90 days of filing.
-
Court
Hearing:
- The court reviews any separation agreements.
- The court checks parenting plans, assets, liabilities, and overall satisfaction with the agreements.
-
Final
Approval:
- If the court agrees the parties are in full agreement and understand the terms, the marriage is legally dissolved.
Divorce
In
a
divorce,
one
spouse
(the
plaintiff)
files
a
civil
lawsuit
asking
the
court
to
end
the
marriage.
The
court
then
makes
decisions
about
property
division,
support,
and
child-related
matters.
Steps for Divorce:
-
Filing
for
Divorce:
- The plaintiff must provide evidence for one or more legal grounds for divorce.
-
Response:
- After receiving the divorce complaint, the other spouse (the defendant) has 28 days to respond.
- The defendant may file a counterclaim requesting a divorce and stating their grounds.
-
Discovery
Process:
- Both parties must disclose all assets and liabilities.
- Information exchange helps facilitate an agreement between spouses.
-
Trial
(if
needed):
- If an agreement can’t be reached, the case goes to trial.
- The court will make final decisions on contested issues, based on Ohio law.
What is Legal Separation?
Legal Separation is a less common option in Ohio. It does not end the marriage but allows for the court to make decisions about property division, spousal support, and parenting issues.
Key Points About Legal Separation:
- No End to the Marriage: The couple remains married but lives separately.
-
Court
Orders:
- Division of property
- Spousal support
- Allocation of parental rights (including parenting time and child support)
- Similar to Divorce: The process for requesting a legal separation is almost the same as for a divorce.
Which Option Is Right for You?
- Dissolution might be the best choice if both spouses agree on all terms and want a quicker, mutual resolution.
- Divorce may be necessary if there are disagreements or if one party wants to prove specific grounds for ending the marriage.
Legal Separation is suitable for those who don’t want to end their marriage but need court involvement for financial and parenting matters.
Still Have Questions?
If you're unsure which path is best for your situation, consider consulting with the law offices of Cara L. Santosousso LLC. We can guide you through the whole legal process and ensure that your rights and interests are protected.