Ending a marriage in Ohio involves choosing between divorce and dissolution. Understanding these processes helps you decide which option suits your situation.
Legal separation vs. divorce vs. dissolution
Ohio offers three ways to alter or end a marriage: legal separation, divorce, and dissolution. Legal separation allows couples to live separately while remaining legally married. It involves court orders about property division, spousal support, and parental rights.
Divorce is a civil lawsuit where one spouse files a complaint to end the marriage. The court resolves disputes over property, support, and child-related matters. Dissolution is a mutual agreement to end the marriage without proving grounds. Couples file a joint petition after agreeing on all terms, including property and child-related issues.
Process and requirements
Divorce requires proving statutory grounds, such as adultery or abandonment. The plaintiff must file a complaint, and the court serves it to the defendant. The defendant responds within 28 days. If disputes arise, the court holds a trial to decide the issues. Most divorce cases settle through agreements, which become court orders after approval.
Dissolution is quicker and simpler. Couples must agree on all terms before filing a joint petition. After filing, they wait at least 30 days for a court hearing. The court reviews the agreement and ensures both parties understand and agree. If satisfied, the court grants dissolution and makes the agreement a court order.
Both processes require Ohio residency for at least six months before filing.
Property division and child-related matters
Ohio divides marital property acquired during the marriage. Marital property includes real estate, personal property, and retirement plans. The court aims for equal division unless fairness demands otherwise. Separate property, like inheritances or pre-marriage assets, remains with the original owner unless marital contributions increased its value.
Child-related matters focus on the best interests of the children. Ohio allocates parental rights and responsibilities based on these interests. Shared parenting requires joint decision-making but not equal time-sharing. If parents cannot agree, the court designates one as the sole residential parent and grants appropriate parenting time to the other.
Ohio offers divorce and dissolution as paths to ending a marriage. Divorce involves proving grounds and resolving disputes, while dissolution requires mutual agreement on all terms. Understanding these options helps you choose the right path for your situation. Consulting a knowledgeable attorney can provide guidance tailored to your needs and protect your interests.
