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When Dissolution Doesn’t Work: Ohio Divorce Options

When Dissolution Doesn’t Work: Ohio Divorce Options
June 12, 2018 LS_admin
Divorce Discovery Process in Ohio

Dissolution is one option for ending a marriage in Ohio, and many couples find it preferable to the divorce process. However, despite a couple’s best intentions, dissolution sometimes does not produce the results each spouse needs. What are your options if this happens? Can you file for divorce in Ohio if you have already started a dissolution process? Read the blog below for information about dissolution and divorces in Ohio.

Ohio Dissolution of Marriage

Ohio is one state that offers two options for couples wishing to terminate their marriages: divorce and dissolution. In a dissolution process, the spouses do not file anything with the court until they have reached a final agreement. They also do not need to present any grounds of fault. In this regard, Ohio dissolution of marriage is sometimes referred to as a “no-fault divorce.” Once an agreement is reached, the spouses file it with the court and request the court’s approval of their dissolution.

Dissolution can save some time and expenses associated with divorce, but spouses must agree on all terms of the dissolution before going to court. Termination of a marriage unquestionably involves emotional circumstances, particularly when the spouses have children together. Sometimes, couples will think they can create a full agreement through dissolution, and then they find they are deadlocked on major issues like shared parenting and spousal support. One spouse might also feel like the other is not being entirely honest about finances. In these situations, one of the spouses can proceed with filing for divorce in court.

Filing for Divorce in Ohio

If dissolution does not end in success, spouses can file for divorce and turn to the court to resolve the remaining contested issues. Couples do not have to stick with dissolution if it is not working, and filing for divorce does not mean the spouses cannot still work to reach an agreement together. By filing, the spouses can take advantage of the court’s subpoena power and can conduct a full discovery process to ensure all finances are presented accurately. The court will also decide issues the couple cannot agree upon, like primary custody and visitation schedules.

The couples will still benefit from the work they completed during the dissolution process in this situation. For instance, if they decided how to divide certain property, they can include that in a final divorce agreement and ask the court to approve it. The court will be willing to approve most aspects of the divorce that the spouses are able to agree upon.

It is important to understand that while the spouses might not have retained legal representation during the dissolution process, they should certainly hire attorneys to represent them during divorce proceedings. If you are considering divorce or have deadlocked with your spouse during a dissolution, contact Dawes Legal, LLC, to discuss your case with an experienced Ohio lawyer. You can reach our Columbus office today by calling (614) 733-9999.