Our firm handles many divorce filings and dissolutions. Spouses who are certain that it is time to end a marriage are often less certain about how to proceed. They need guidance regarding their options and insight into the law in Ohio.
Our firm can help those who qualify for dissolution and those who need to pursue a traditional, litigated divorce. A brief explanation of the differences between these two processes below can help prospective clients better understand their options and the best path forward given their circumstances.
What Is Dissolution of Marriage?
Dissolution is the legal process through which the courts officially terminate a marital relationship. In many jurisdictions, dissolution of marriage relates to an uncontested marital termination.
The spouses may have already signed a marital contract, such as a prenuptial agreement, dictating the terms of property division. They may have negotiated with one another to settle disputes about parental responsibilities or financial support. Dissolution requires the cooperation of both spouses and a clear separation agreement that outlines all of the terms for the end of the marriage.
What Is Divorce?
Divorce is the legal process of terminating a marriage through the courts. Ohio allows both fault-based divorces brought on specific grounds and no-fault divorces.
Divorce can be either contested or uncontested. One spouse can file, and the spouses may be able to settle their disputes before going to court. They can then pursue an uncontested divorce. If they cannot settle with one another, then a litigated or contested divorce where a judge settles their disagreements is likely necessary.
Grounds, Filings, and When Divorce Is Required
Frequently, those with major disputes opt for divorce, and they can choose what type of divorce to pursue. No-fault divorce is an option after a year-long separation or when spouses agree that they are incompatible. Fault-based divorces are an option in cases involving adultery, abuse, fraud, substance abuse, incarceration and bigamy, along with a few other highly specific circumstances.
The filing spouse generally determines whether to pursue a no-fault divorce or a fault-based divorce. Even if they pursue a fault-based divorce, proof of marital misconduct usually does not alter the terms for property division, shared custody and financial responsibility after the divorce.
Overall, dissolution tends to be the fastest option. Uncontested divorces tend to be faster than contested divorces. The less time that spouses spend in court, the less they have to invest in the process. Litigated divorces tend to cost substantially more than uncontested divorces, and dissolution tends to be the most affordable option available.
Talk to an Ohio Divorce Attorney About Next Steps
Trying to plan a path forward at the end of a marriage can be very challenging. Our firm is always available to help those who know they need to make a change but aren’t sure which path is the right one for them. Reaching out to our firm by clicking here or calling 614-379-6444 can help people start evaluating their options to prepare for divorce or dissolution accordingly.