Divorce is a common term used to describe the legal termination of a marriage. However, in Ohio, couples have a legal option that extends beyond the limitations of the divorce process: dissolution of marriage.
While both processes ultimately end a marriage, dissolution offers a smoother, more agreeable path for couples who are on relatively good terms.
The key difference: Cooperation vs. contention
The main distinction between dissolution and divorce lies in the level of agreement between spouses. Divorce can be contentious, often involving disagreements over asset division, child custody and spousal support. To file for divorce, one spouse must allege a legal ground, which can be fault-based (adultery, cruelty) or no-fault (incompatibility, living apart for a year). This adversarial approach may lead to a lengthy and expensive court battle.
Dissolution, on the other hand, is a cooperative process. Both spouses must agree on all elements of ending their marriage before filing a petition with the court. This includes dividing assets, determining child custody arrangements (if applicable) and outlining spousal support (if necessary). There’s no need to assign blame or go through a public hearing.
Benefits of choosing dissolution
The cooperative nature of dissolution offers several advantages for separating couples. Dissolutions are generally faster and less expensive. Since there’s no court battle, legal fees are minimized.
The focus on cooperation also fosters a more civil approach to ending the marriage. This can be especially beneficial for couples with children, as it minimizes animosity and allows for a smoother transition to co-parenting. Moreover, dissolution proceedings are not public records, unlike divorces. This level of privacy can be appealing to couples who wish to keep the details of their separation confidential.
Dissolution also allows couples to create their own separation agreement, tailoring it to their unique needs and circumstances. This level of control can be empowering and lead to a more satisfactory outcome for both parties.
Dissolution of marriage provides a valuable option for couples seeking a more amicable and efficient end to their marriage. By prioritizing cooperation and working towards a mutually agreeable solution, couples can minimize conflict, reduce costs and maintain some control over the process. Consulting with a reliable legal team can help couples determine if this approach is right for their specific situation.