Divorce and Dissolution Differences

There are two commonly used legal devices which can be used to terminate a marriage in Ohio:  Divorce and dissolution.  There are other ways, but those are the most pervasive options in our state.  Knowing the difference between divorce and dissolution before you encounter a situation in which a separation is desired is a definite advantage.  This article will outline the key distinctions between the options, allowing you to make a better informed decision should you ever decide to leave your spouse.

The law states the causes for which a divorce may be granted.  Some states allow for divorces without a reason.  Ohio law demands one of several grounds:  Either party had a husband or wife at the time of marriage for which the divorce is sought, willful absence of the adverse party for one year, adultery, extreme cruelty, fraudulent contract, gross neglect of duty, habitual drunkenness, imprisonment of the adverse party in a state or federal correctional institution at the time of the filing of the complaint, when husband and wife have lived separate or apart for one year at the time of the filing of the complaint, and procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party.  Those “grounds” for divorce are not the norm though.  The most common grounds are “incompatibility,” but it cannot be denied by either party.  Divorce is the better choice over dissolution only when the parties cannot agree to a settlement in which the main aspects of the marriage are uncontested.

As alluded to above, dissolution is typically the appropriate selection when there is agreement between the parties—agreement on ALL things such as child custody, property including real estate, finances including spousal support and child support, and other important aspects of the marriage.  Dissolution does not require “grounds” to achieve, as divorce does.  To obtain dissolution, both parties must sign a petition for dissolution and attach a separation agreement that is also signed by both spouses, which is then filed in the court.  If there are children of the marriage, a separation agreement that incorporates a shared parenting plan is required.  Agreement between the parties is the crucial aspect that must be present in order to properly execute dissolution.

Any question regarding the termination of your marriage should be directed towards an experienced Ohio family law attorney.  The family law attorneys at Slater & Zurz LLP know the law, and they will listen to you and answer your questions, helping you all the way through the process.  Please give us a call at   1-800-297-9191 or send us a Blog Message and make an appointment to meet with an attorney who understands.

For more information on Ohio divorces and dissolutions, please visit www.dissolutionanddivorce.com.

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About slaterzurz

Slater & Zurz LLP is an Ohio law firm of highly experienced and respected attorneys. Over the last 40 years, we have developed a reputation for getting positive results for clients. We've been trusted with handling over 20,000 personal injury cases and our clients have received more than $120,000,000.

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