Ohio offers two main ways to end a marriage. The right one depends less on how the spouses feel about each other than on whether they can reach a complete agreement.
Dissolution
In a dissolution, the spouses agree on everything before anything is filed: property, debts, support and, if they have children, a parenting plan. They sign a separation agreement and file a joint petition. The court holds a hearing between 30 and 90 days later, and both spouses must attend.
Divorce
In a divorce, one spouse files a complaint. The court can issue temporary orders about who stays in the house, support and parenting time while the case is pending. Each side must disclose income, assets and debts. Most divorces settle before trial, and a divorce can be converted to a dissolution if the spouses reach agreement.
Which one fits
Dissolution works well when both spouses have full information and can negotiate. A divorce is usually the better choice when:
- One spouse controls the finances and the other does not have the full picture
- There is a history of violence or intimidation
- There is no realistic prospect of agreement about the children
- Orders are needed now, before a final agreement is possible
What stays the same
The rules for dividing property, the child support guidelines and the standards for parenting decisions are the same on either path. So is the residency requirement: at least one spouse must have lived in Ohio for six months before filing.
Our firm handles divorces and dissolutions in Butler County and the surrounding counties. Call our Middletown or Monroe office to talk through which path fits your situation.