Dissolution v. Divorce
​
In the State of Ohio, the two main legal processes for terminating one's marriage are either dissolution or divorce.
​
Dissolution
​
A dissolution requires a complete agreement between the parties as to the division of all marital assets and liabilities.
If minor children are involved, the parties must also reach a complete agreement as to the allocation of parental rights and responsibilities including the parenting time schedule, child support, the division of child expenses (such as medical, educational, extracurricular expenses) and applicable tax credits.
​
Before the court is even involved in the process, the parties make a full financial disclosure to one another and negotiate the terms of documents which outline the parties' agreement. The document that divides all of the assets and debts acquired before marriage (separate property), during the marriage (subject to division), and that resolves any issues of spousal support is called a Separation Agreement.
Correspondingly, if the parties are going to share in the decision making and custody of their child(ren) then a document called a Shared Parenting Plan is drafted to address child related matters.
​
Once the documents are approved and signed by the parties, a petition is filed with the court having jurisdiction over the parties' case and a hearing is scheduled.
The Court will schedule the hearing no sooner than thirty days and no later than ninety days from the date of the initial filing. The parties must participate in the hearing and confirm not only their understanding of their agreement on the record, but also that at the time of the hearing they are still in agreement with the terms outlined in the documents presented to the Court.
​
A dissolution, when possible, is certainly the most time efficient and cost effective method of terminating a marriage. The longest part of the process is the negotiation of the actual agreement and that is in the hands of the parties themselves.
​
Divorce
​
The other commonly used method for terminating one's marriage is a divorce. A divorce is recommended when an agreement cannot be reached to resolve all of the issues (division of assets, liabilities, and parental responsibilities), if one party does not want to participate in the process, or when a party needs the court to be involved to immediately issue orders while the case is pending (such as support orders, restraining orders, order to protect the assets, or temporary parenting time orders).
​
Just because you file for divorce does not mean that you have to endure a long contested litigation process. While it is true that some divorces are emotionally charged or have complicated custody or financial issues that require a much a longer court process, every case is different and you will have numerous opportunities to resolve your case by agreement.
At any time during the process, you can turn the matter into an uncontested divorce, present an agreement to the Court, and place your agreement on the record.
Ultimately, if there are issues that cannot be resolved by agreement, then a trial will be held where you will present evidence in support of your case, and the Court will make the final decision on the division of assets and liabilities or the allocation of parental rights and responsibilities.
​
The Law Office of Stacy E. Dame LLC can help you determine which proceeding best fits the facts and circumstances of your case. If our firm is selected to represent your interests we will navigate you down the selected path.
At all times during the representation, you will be provided with information, advice, and guidance so that you can make the decisions necessary to move on to the new chapter in your life.
Attorney Dame strives to protect her client's interests by providing information, developing solutions, and guiding her clients through his or her legal disputes in an assertive yet effective manner. Set up your free consultation by calling 440-417-6495.
​
​
​