How Does a Dissolution of Marriage in Ohio Work?

How Does a Dissolution of Marriage in Ohio Work? thumbnail
Either spouse can file for divorce in Ohio.

In Ohio, marriages typically end in one of two ways: through a divorce or through dissolution of marriage. Though both a dissolution of marriage and a divorce end a marriage and allow both parties to go on to remarry, there are differences between the two processes. Talk to an Ohio family law attorney for legal advice about the dissolution process.

  1. Dissolution or Divorce

    • A dissolution of a marriage and a divorce are nearly identical in Ohio. The key difference is that in a dissolution of marriage the couple files for divorce jointly, while in a divorce one spouse files and asks the court to end the marriage, according to Ohio Legal Services. In a dissolution of marriage, the couple asks the court to end the marriage, but does not ask it to decide any disagreements between the couple.

    Before Filing

    • When a couple wants to get a dissolution of marriage in Ohio, it must first come to an agreement about the terms of the marriage. The couple must enter into a separation agreement that states in detail how the couple agrees to split marital property, who will pay spousal support and how it will divide parental responsibilities for any children that are part of the marriage. If the couple cannot agree on all the terms, it cannot get a dissolution of marriage.

    Filing

    • An Ohio couple can file for a dissolution of marriage only if at least one spouse meets the requirements imposed by state law. At least one of the spouses must have been a resident of Ohio for at least six months prior to filing for dissolution. The petition for dissolution must be filed in the county where either spouse resides, though if only one spouse meets the residency requirements, it need not be filed in the county where that spouse resides.

    After Filing

    • After the couple files for dissolution, the court will schedule a hearing date in which it will determine if the couple voluntarily enters into the agreement and if they both agree to the terms. Once a court accepts the dissolution of marriage it will then adopt the couple's settlement agreement and make the terms part of the court order ending the marriage, known as a decree. The couple must then comply with the terms of the dissolution in the same manner they would a divorce.

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  • Photo Credit wedding ring - divorce image by drx from Fotolia.com

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