Is a Dissolution or Divorce Proceeding a Better Approach?

Is a Dissolution or Divorce Proceeding a Better Approach?

Marriages In Ohio Can Be Ended In One Of Two Ways, Dissolution Or By Divorce

Infographic explaining the differences between dissolution vs divorce in Ohio, including legal requirements and timelines.Dissolution vs Divorce in Ohio is different from most states. In most states, those terms can be used synonymously, but they are alternate proceedings with different statutory regulations in Ohio. Marriages in Ohio can be ended in one of two ways – through Dissolution vs Divorce in Ohio, which have distinct legal processes.

Dissolution in Ohio – Key Aspects of Dissolution vs Divorce in Ohio

A dissolution proceeding is the quickest and easiest of the two methods to terminate your marriage, but in order to proceed with a dissolution there are certain considerations that must be met. Primarily, there must be a total and full agreement signed by both parties as to ALL terms of the dissolution. This means that both parties have to have a full agreement on all issues, including alimony, custody, child support, division of assets, debt allocation, division of household goods and furnishings, etc. There is no subpoena power available, which means both parties must exchange all financial information voluntarily.

If such an agreement cannot be reached on ANY issue, then a dissolution proceeding is not appropriate. In addition, restraining orders … Read More... “Is a Dissolution or Divorce Proceeding a Better Approach?”

Dissolution: Out with the Old, in with the New? Understanding the Ohio Dissolution Process

ohio dissolution process

Is Your Marriage Over and are you Thinking about a Divorce? Important Information About Ohio Dissolution Proceedings

Understanding the Ohio Dissolution Process and Its Benefits

Ohio dissolution processDo you and your spouse BOTH recognize that your marriage is emotionally and all but officially over? Have you been procrastinating moving forward with dissolution and terminating your marriage? If so, understanding the Ohio dissolution process is crucial. Not a pleasant decision, but sometimes a necessary one.

Ohio Law permits the filing of both divorce and dissolution actions. Before filing you really should know the basic differences. The primary distinction between divorce and dissolution is the amicable nature with fully agreed upon terms in a dissolution proceeding. In dissolution, both parties must agree to every aspect and term in the final agreement, down to the last penny and detail. Various pleadings are prepared and signed by both parties and submitted to the Court for approval.

To be clear, the FULL agreement must be negotiated and executed before filing. No Restraining Orders are available in an Ohio dissolution. The parties request in these papers that their marriage be terminated based upon there being “irreconcilable differences” between them. Ohio Law states that a hearing for dissolution must … Read More... “Dissolution: Out with the Old, in with the New? Understanding the Ohio Dissolution Process”

Did You Know? You Can Convert Divorce to Dissolution in Ohio!

convert divorce to dissolution in Ohio

How to Easily Convert Divorce to Dissolution in Ohio

Convert Divorce to Dissolution in Ohio process stepsIt is a common misconception that the only way to end a marriage is through a divorce; however, Ohio allows dissolutions as well as divorce. You can easily convert divorce to dissolution in Ohio. A dissolution differs in that it is a mutual agreement agreed to by both spouses. The key to any dissolution is that both parties need to agree on EVERY issue before being able to terminate the marriage via a dissolution proceeding.

Ohio Revised Code Section 3105.08 allows spouses to convert a divorce to a dissolution at any point before the final judgment. It only requires the filing of a motion and no additional costs to convert a divorce into a dissolution. The motion will require an attached petition for dissolution signed by both parties that follows the rules of section 3105.63 of the Revised Code. Section 3105.63 mainly explains the requirements for a fully agreed-upon separation agreement.

POSITIVE ASPECTS OF CONVERTING A DIVORCE TO A DISSOLUTION

There are many positive aspects of “uncoupling” folks in a marriage via a dissolution proceeding versus a divorce action. Some of the positives of a dissolution include:

  1. All contested issues have
Read More... “Did You Know? You Can Convert Divorce to Dissolution in Ohio!”

Did You Know: Why is a Financial Affidavit Necessary by Both Parties in an Ohio Dissolution?

Ohio Dissolution Financial Affidavit Requirements

Understanding Ohio Dissolution Financial Affidavit Requirements

Ohio Dissolution Financial Affidavit RequirementsWhy Must a Financial Disclosure Affidavit Be Completed Before A Dissolution Can Go Forward?

Since 2007 we have posted a fair number of blogs about the differences between divorce and dissolutions and about the dissolution process. Here are some links to make it easy to find and to read them.

Key Steps in Meeting Ohio Dissolution Financial Affidavit Requirements

Recently, it seems that I have had a lot of new clients come in to the office wanting to discuss and proceed with a dissolution rather than a divorce. I was asked by a client the other day why her husband needed to complete a financial disclosure affidavit because she didn’t care what he had, she just wanted to terminate the marriage and for each to go their separate ways. Ohio Dissolution Financial Affidavit Requirements Serve as Springboard Towards Negotiation Process

Ohio Dissolution Financial Affidavit Requirements Serve as Springboard Towards Negotiation Process

That … Read More... “Did You Know: Why is a Financial Affidavit Necessary by Both Parties in an Ohio Dissolution?”

Blast From The Past: Dissolution: Out with the Old, in with the New?

Ohio dissolution divorce difference

PUBLISHER’S NOTE: Here is one of my favorites posts about Ohio dissolution proceedings from back on October 22nd, 2016! The advice rings as true now as it did then…We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Marriage Over and Thinking Divorce? Important Information About Ohio Dissolution Proceedings

dissolution divorceDo you and your spouse BOTH recognize that your marriage is emotionally and all but officially over? Have you been procrastinating moving forward with dissolution and terminating your marriage? Not a pleasant decision, but sometimes a necessary one. Well, there is still time to accomplish and complete that objective around the first of the year.

Ohio Law permits the filing of both divorce and dissolution actions. Before filing you really should know the basic differences. The primary distinction between divorce and dissolution is the amicable nature with fully agreed upon terms in a dissolution proceeding. In dissolution, both parties must agree to every aspect and term in the final agreement, down to the last penny. Various pleadings are prepared and signed by both parties and submitted to the Court for approval. To be … Read More... “Blast From The Past: Dissolution: Out with the Old, in with the New?”

Patience During a Divorce…Really?

divorce process covid

How Can I Reduce Stress and Burden During the Divorce Process? Form a Team of Support That Includes Friends, Family and Professionals

pdivorce process covidDivorce can often times be a long process. As we all know COVID has been a game changer and has affected almost every aspect of many of our lives. This is true when it comes to divorce as well. With the onset of COVID, in many states divorce cases began to slow down. This was for a myriad of reasons.

For one, people were sheltering in place and simply not going anywhere. Courts were adjusting and scrambling to achieve proper COVID precautions. However now with increasing numbers of fully vaccinated adults, people are starting to get on with their lives, and this includes going forward with a divorce they might have been keeping on hold. Courts are now faced with a backlog of cases and so unfortunately many people are finding that the divorce process is taking a little longer than previously. So, what to do? Be patient! Easier said than done, but patience can be your strongest ally in your divorce process.

Tips to Help you Through The Process

There are some tips in trying … Read More... “Patience During a Divorce…Really?”

Blast From The Past: WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO?

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: This blog on the differences between dissolution and divorce in Ohio from April 21, 2018, is as meaningful today as it was when we originally posted several years ago. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Marriages In Ohio Can Be Ended In One Of Two Ways, Dissolution Or By Divorce

Ohio dissolution divorce differenceA dissolution and divorce in Ohio is different than most states. In most states, those terms can be used synonymously, but they are alternate proceedings with different statutory regulations in Ohio. Marriages in Ohio can be ended in one of two ways – by divorce or by dissolution.

Dissolution

A dissolution proceeding is the quickest and easiest of the two methods to terminate your marriage, but in order to proceed with a dissolution there are certain considerations that must be met. Primarily, there must be a total and full agreement signed by both parties as to ALL terms of the dissolution. This means that both parties have to have a full agreement on all issues, including alimony, custody, child support, division of assets, debt allocation, division of … Read More... “Blast From The Past: WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO?”

Page 1 of 2
1 2