When it comes to ending a marriage in Ohio, you have two primary options: divorce or dissolution. At Zuercher Law, we understand that deciding the best path can feel overwhelming. We’re here to simplify things and help you make informed choices that suit your needs.
In this article, we’ll break down the differences between divorce and dissolution in Ohio, so you can better understand what to expect and how to move forward.
What is Divorce in Ohio?
Divorce is the legal process of ending a marriage through a court order. It’s typically initiated when spouses cannot agree on the terms of their separation or when one party believes the other has acted in a way that justifies ending the marriage. In Ohio, there are two types of grounds for divorce: fault and no-fault.
Fault Grounds for Divorce
Fault grounds involve proving that one spouse’s actions contributed significantly to the breakdown of the marriage. These include:
- Adultery: Infidelity during the marriage.
- Extreme cruelty: Emotional or physical abuse.
- Habitual drunkenness: Persistent substance abuse.
- Gross neglect of duty: Failing to fulfill basic marital responsibilities.
- Imprisonment: A spouse being incarcerated at the time of filing.
- Willful absence: One spouse leaving without consent and staying away for over a year.
No-Fault Grounds for Divorce
Ohio also allows for no-fault divorces, which do not require proving wrongdoing. The two no-fault grounds are:
- Incompatibility: If the couple agrees they are no longer compatible (unless one party denies it).
- Living separately: If the spouses have lived apart for at least one year without cohabitation.
Divorce proceedings can be complex and, at times, contentious. When spouses disagree on issues such as child custody, property division, or spousal support, the court steps in to make final decisions. This process often takes 12 to 18 months or longer depending on the complexity of the case.
What is Dissolution in Ohio?
Dissolution is a mutual agreement between both spouses to end their marriage amicably. Unlike divorce, dissolution does not assign blame or require fault grounds. Instead, it focuses on cooperation and shared decision-making.
Requirements for Dissolution
To file for dissolution in Ohio, the following conditions must be met:
- Separation agreement: Both parties must agree on all terms, including property division, spousal support (alimony), child custody, and child support.
- Voluntary agreement: Both spouses must willingly sign and file a joint petition for dissolution.
Once the petition is filed, the court schedules a hearing within 30 to 90 days. At this hearing, both parties must confirm their agreement under oath. If everything is in order, the court approves the dissolution, officially ending the marriage.
Dissolution is often quicker and less stressful than divorce. Because it relies on mutual cooperation, it typically takes just one to six months from start to finish.
Key Differences Between Divorce and Dissolution
| Aspect | Divorce | Dissolution |
| Initiation | By one spouse | Jointly by both spouses |
| Grounds | Fault or no-fault | No-fault only |
| Disputes | Resolved by the court | Must be resolved before filing |
| Timeline | 12 to 18 months or more | 1 to 6 months |
| Cost | Higher due to court and legal fees | Lower due to minimal court involvement |
| Emotional Impact | Often more stressful | Less stressful and more cooperative |
| Flexibility | Inflexible process dictated by the Court | Unlimited flexibility as agreed by the parties |
Which One is Right for You?
Choosing between divorce and dissolution depends on your situation. If you and your spouse can communicate openly and agree on all terms, dissolution is likely the better option. It’s faster, less costly, and less emotionally taxing. On the other hand, if there are significant disagreements or concerns about fault, divorce may be necessary to ensure your interests are protected.
At Zuercher Law, we’re here to guide you through whichever path makes the most sense for your needs. We take the time to understand your circumstances and work with you to determine the best approach for a brighter future.
Considering Divorce or Dissolution in Ohio? Contact Zuercher Law Today
Whether you’re leaning toward divorce or dissolution, we’re here to help. At Zuercher Law, we’re committed to providing compassionate, personalized representation for families across Central Ohio. Let us help you understand your options and approach this challenging time with confidence.Call us today at 614-633-4774 or visit our Contact Us page to schedule a consultation. Let’s work together to achieve the best possible outcome for you and your family.
