You know that your marriage is over. It’s a reality that some couples across Ohio eventually face. Now the question is: should you opt for dissolution or divorce? Although both processes legally terminate a marriage, they’re not the same thing, and understanding the differences can help you make the best decision for your future.
At Cathy R. Cook, Attorneys at Law, we have helped hundreds of clients start over through dissolution and divorce. The best strategy for you will depend on the dynamics of your relationship, if you trust your spouse to disclose all assets, and whether you can work together on issues like child support, spousal support, and property division.
Why Hire Cathy R. Cook, Attorneys at Law, for Your Ohio Dissolution or Divorce?
Are you facing the challenging decisions that come with a dissolution or divorce in Ohio? At Cathy R. Cook, Attorneys at Law, we are here to guide you through this transformative process. Here are some compelling reasons to choose us as your legal advocates:
- Concentration in Ohio Family Law: Our attorneys have decades of experience in Ohio family law. We know how to navigate the state’s specific legal procedures and regulations effectively.
- Compassionate Support: We recognize that dissolution and divorce are emotionally charged experiences. Our team offers compassionate and empathetic support, ensuring that you have a trusted advocate by your side during this challenging time.
- Client-Focused Legal Strategies: We tailor our legal strategies to meet your specific needs and goals, ensuring that you receive personalized guidance and representation. You are part of the team, and involved in all decisions.
- Proven Track Record: With a track record of successful resolutions in dissolution and divorce cases, you can trust in our ability to protect your interests and secure the best possible outcome for your family.
- Efficient Resolution: We understand the importance of efficiency in legal matters. Whether you choose dissolution or divorce, we work diligently to resolve your case promptly, saving you time, stress, and expense.
At Cathy R. Cook, Attorneys at Law, we are dedicated to helping Ohio residents make informed decisions during dissolution and divorce. With our experienced legal team by your side, you can confidently navigate these challenging times and move towards a brighter future.
Understanding Dissolution
Dissolution offers couples an alternative way to end their marriage. Instead of letting the court make key decisions about your future, you and your spouse discuss your needs, goals, and expectations and come to an agreement. It signifies a commitment to working together to reach a fair resolution.
Advantages of Dissolution
Dissolution comes with several advantages and benefits, making it a positive option for couples who want to end their marriage and move forward. They include but are not limited to:
- Less Adversarial Process: One of the primary advantages of dissolution is its amicable nature. It encourages open communication and cooperation between spouses, which can lead to a smoother transition.
- Control Over Outcomes: In dissolution, the spouses have more control over the terms of their separation. They can craft their own agreements regarding property division, support, and child custody, as long as these agreements are fair and legal.
- Quicker Resolution: Dissolutions tend to move faster through the legal system compared to traditional divorces. This means you can achieve closure and start rebuilding your life more quickly.
- Potential Cost Savings: Since dissolution typically involves cooperation, less conflict and fewer delays, it can be less expensive than divorce, which often requires extensive litigation.
When Should You Consider Divorce Instead?
Despite its many advantages, there are situations where dissolution may not work. They include:
Refusal to Cooperate: If one spouse refuses to provide necessary documents or negotiate, dissolution will not work.
- Failure to Agree: Both spouses must agree on all aspects of the separation. Even if they only disagree on one aspect (e.g. custody scheduling), it must be litigated.
- Domestic Violence: Dissolution is not suitable for couples with a history of domestic violence. The power imbalance can make it challenging for the victim to assert their rights and interests during the dissolution process.
How Dissolution Works in Ohio
To be eligible for dissolution in Ohio, either you or your spouse must have been a resident of the state for at least six months before filing the initial paperwork. You must also have a written marital settlement agreement that covers property and debt division, spousal support, and child support.
After completing and signing a Petition for Dissolution of Marriage and Waiver of Summons, you and your spouse must attach the signed separation agreement before filing everything at your county court. Once this is done, you must wait at least 30 days for a hearing. At the hearing, you must both appear and affirm, under oath, that the agreement was voluntary, satisfactory, and that you both want the marriage to be dissolved. Once the judge approves your agreement and reviews any shared parenting plan, they will sign the final dissolution decree.
Exploring Divorce
Divorce is the traditional way to end a marriage. Unlike dissolution, it can involve a more formal and potentially adversarial legal process, so there’s more court involvement. Here’s a closer look at the advantages of divorce, when you might choose it over dissolution, and what the process looks like.
Advantages of Divorce
While divorce may be a more contentious process, it does offer certain advantages:
- Formal Court Proceedings: Divorce provides a structured legal process for resolving disputes when couples cannot reach an agreement. In a divorce, the court plays an active role in adjudicating and finalizing the terms of the settlement. This can provide a level of protection for individuals who may be at a disadvantage in negotiations, such as those with limited financial knowledge or those facing an uncooperative spouse.
- Resolution for Contested Issues: Divorce allows for the resolution of disputes, including issues like property division, spousal support, child custody, and child support, through a formal legal process. If there are significant disagreements or conflicts between the spouses, divorce provides a structured framework for addressing and resolving these issues.
- Protection for Vulnerable Parties: In situations involving domestic violence, abuse, or coercion, divorce proceedings can offer legal protection to vulnerable parties, including restraining orders, protective orders, and supervised visitation arrangements for children.
When Is Divorce Necessary?
Divorce may become necessary when you and your spouse can’t reach an agreement or when there are significant disputes that require legal intervention. It is especially relevant under the following circumstances:
- Spousal Disagreements: When spouses can’t agree on critical issues such as property division, child custody or support, or spousal support, the court will have to make that decision, so that the marriage termination can move forward.
- Domestic Violence: Dissolution is not suitable for couples with a history of domestic violence. The power imbalance can make it challenging for the victim to assert their rights and interests during the dissolution process.
How Divorce Works in Ohio
To file for divorce in this state, either spouse must have been a resident of the state for a minimum of six months prior to filing. The spouses must have lived together as a married couple at some point in Ohio. Divorce in Ohio allows for both fault-based and no-fault divorces: no-fault divorce is based on the grounds of incompatibility or living separate and apart for one year,, while fault-based divorce can be pursued for reasons such as adultery or gross neglect of duty, .
The divorce process begins with one spouse filing a Complaint for Divorce in the county where they live. . The plaintiff (the spouse initiating the divorce) must serve the divorce papers on the defendant (the other spouse), who then has the opportunity to respond to the divorce petition by filing an Answer within a designated time frame. Additionally, the respondent may file a Counterclaim, outlining their own requests and counterarguments.
During the divorce process, either party may request temporary orders related to issues such as child custody, child support, spousal support (alimony), and division of household expenses if living together. These orders help establish the working relationship for the duration of the divorce proceedings.
Both parties, with the assistance of their attorneys, may engage in the discovery process to gather information and evidence related to the divorce issues. Negotiations and settlement discussions often take place during this phase to reach agreements on property division, spousal support, and child custody, support, and parenting time. . In some cases, mediation or other alternative dispute resolution (ADR) processes may be used to resolve conflicts and reach mutually acceptable agreements.
If spouses cannot reach a settlement through negotiations or ADR, the case may proceed to trial. At trial, a magistrate or judge will make decisions on unresolved divorce issues based on Ohio law and the evidence presented. Once all divorce issues are resolved, either through agreement or court decision, the court issues a Final Decree of Divorce. This document legally terminates the marriage and outlines the final terms and orders, including property division, support, and custody arrangements.
FAQS
Is One Better Than the Other?
It is always best to reach agreements in the termination of the marriage in the interest of reducing expenses, both monetary and emotional. However, there are a number of reasons to file for divorce, including the other party not disclosing all information, one party has stopped assisting with expenses, or the parties not agreeing on their times with the children while negotiating a settlement. In these cases, temporary court orders must be obtained. Even in these cases, however, settlement can often be reached after the initial court orders.
Can I or My Spouse Refuse a Divorce?
No. While Ohio still requires grounds for divorce, these are not difficult to demonstrate. While a spouse can make a divorce difficult, and even expensive, they cannot stop it.
Can I Obtain an Annulment?
Probably not. An annulment requires that either the marriage was not consummated or that it was entered into by fraud of the other party. Many people are interested in an annulment for religious reasons. Obtaining a religious annulment is not affected by not obtaining a legal annulment.
Questions? Speak to a Cincinnati Family Lawyer Today
When you’re ending a marriage, clarity and informed decision-making are critical. The skilled and compassionate team at Cathy R. Cook, Attorneys at Law, is here to provide you with the guidance and support you need to get past this difficult period and move on. Whether you choose dissolution or divorce, you can count on our experienced attorneys to protect your rights and fight for your future. For more information or to schedule a free phone consultation, call Cathy R. Cook, Attorneys at Law at (513) 241-4029 or contact us online today.
