Simplifying Divorce In Columbus With An Ohio Dissolution Of Marriage
Ending a marriage is never easy. But if you and your spouse agree on getting divorced and how you’d like to separate from each other, your Ohio divorce process has a chance to be simpler than others. At Baker & Wick LLC in Columbus, we understand that every divorce is unique. Not everyone has to fight. Sometimes, couples can agree on how they want to end their marriage.
How Is Dissolution Different From Divorce In Ohio?
While often used interchangeably, in Ohio, the legal processes for divorce and dissolution are distinct:
- Divorce: A divorce requires a court judgment officially ending the marriage after one spouse proves grounds for divorce.
- Dissolution: A dissolution allows couples to end their marriage through a mutual agreement regarding asset division, child custody and other important issues.
Because a dissolution is based on mutual agreement, it tends to be faster and less adversarial than a traditional divorce. Our experienced divorce lawyers can explain the difference between divorce and a dissolution of marriage to help you understand what might be best for your specific situation. We want you to understand all of your options for pursuing a divorce so you can make an informed decision.
What Are The Steps For A Dissolution Of Marriage In Ohio?
Ending a marriage through dissolution follows a different legal process than a divorce. The steps in a dissolution include:
- Agreeing on the terms: Both spouses must agree on all of the terms for their separation. This includes how their property will be divided, if spousal support is necessary and any child-related issues. For example, they must decide who has custody, when parents will have visitation and who has child support obligations. Parties often utilize the mediation process to negotiate the terms of their separation agreement.
- Filing the joint petition: The couple jointly files a petition for dissolution of marriage, along with their signed separation agreement.
- Waiting period: After filing, there is a mandatory waiting period of at least 30 days before the court will schedule a hearing. The court must hear the case within 90 days of filing the petition.
- Attending the hearing: Both parties must attend the dissolution hearing. The court will review the separation agreement and ask questions about assets, liabilities and parenting arrangements.
- Court approval: If the court is satisfied that both parties understand and agree to the terms, it will grant the dissolution and make the separation agreement a court order.
Our experienced family law lawyers will guide you through each step, offering support and legal counsel as needed. We aim to make the process as smooth as possible while protecting your interests.
Frequently Asked Questions About Dissolutions Of Marriage
Our founders have more than 40 years of combined experience. They often get asked the same questions. Below are answers to some of the questions they are often asked. For answers to questions about your specific situation, our attorneys are available by appointment for initial consultations.
What are the eligibility requirements for filing a dissolution of marriage in Ohio?
To file for dissolution in Ohio, at least one spouse must have been a resident of Ohio for six months before filing. Additionally, both parties must agree on all issues related to property division, spousal support, child custody and child support.
If there are any contested issues, dissolution is not an option, and divorce proceedings would be necessary instead. Both spouses must also sign the petition jointly and submit a comprehensive separation agreement that addresses all relevant matters.
How does the cost of a dissolution compare to a traditional divorce in Ohio?
A dissolution of marriage typically costs significantly less than a contested divorce. Because both parties have already reached an agreement on all issues, there is no need for extensive court hearings, discovery processes or litigation.
The primary expenses for dissolution include filing fees (approximately $300-$400 in most Ohio counties), attorney fees for drafting documents and limited court appearances. In contrast, contested divorces can cost thousands more due to multiple hearings, expert witnesses and prolonged litigation.
How does a dissolution of marriage affect child custody and support arrangements?
Dissolution requires parents to agree on all child-related matters, including the allocation of parental rights and responsibilities, parenting time schedules and child support. These agreements must comply with Ohio child support guidelines and be in the children’s best interests. The court reviews these arrangements during the dissolution hearing and incorporates them into the final decree. If circumstances change after dissolution, either parent can petition the court for modification of custody or support orders.
Is legal representation necessary for a dissolution of marriage, or can it be done without a lawyer?
While Ohio law does not require legal representation for dissolution, working with an experienced Ohio dissolution of marriage attorney is highly recommended. The legal paperwork required is complex, and mistakes can lead to delays, additional costs or even rejection by the court. An attorney helps verify that your separation agreement covers all necessary issues, protects your interests and complies with Ohio law.
Contact Our Seasoned Columbus Dissolution Of Marriage Lawyers Now
For more information or to ask questions about your specific situation, call us to schedule an appointment. You can reach us by calling 614-697-2627. You can also send us a message through our website. We can help you determine if a dissolution of marriage is right for you.