Divorce Law Attorney in Columbus, Ohio Answers Common Questions About Dissolution of Marriage in the State of Ohio.
Our Columbus divorce law lawyer is often asked about the differences between divorce and dissolution under Ohio law. Although the terms are used interchangeably in some states, they refer to very different processes for ending a marriage in Ohio. Unlike the divorce process, dissolution refers to a non-adversarial process. While there are many benefits to using the dissolution process, this approach is only appropriate in certain limited situations. In this two-part blog post, our Ohio divorce attorneys answer common questions about dissolution.
What issues must be settled to use the dissolution process in Ohio?
Both spouses must agree to a resolution of all of the key issues that would be addressed in a divorce. This means dissolution is not an option unless you and your spouse have reached an agreement on the following issues:
- Distribution of Marital Assets: The parties must have mutually decided how all assets will be distributed, including but not limited to the following: the family residence, vacation homes, investment properties, bank accounts, stocks and bonds, profit sharing plans, retirement accounts, vehicles, and any other property.
- Division of Debts: Responsibility for repayment of all debts and financial obligations must be determined by the parties, as well as the timing of repayment. This requirement extends to how any attorney fees will be paid, as well as the obligation of either party to pay spousal support.
- Custody: If the parties have minor children, parents also must also agree on a timeshare schedule, as well as parental rights and responsibilities. Although these issues will be addressed in a separate document referred to as a “Shared Parenting Plan,” the dissolution process can only be used if both parties agree on all issues regarding the timeshare schedule, financial obligations, and the right to make important decisions about the children. The Parenting Plan will specifically address visitation rights, child support, right to take tax exemptions, medical care, and any other issues involving the children.
In short, all issues between the parties that would be otherwise resolved through litigation in a divorce must be settled to utilize the dissolution process in Ohio.
Why should I choose dissolution over divorce in Ohio?
The dissolution process is a cost-effective and efficient way to resolve issues when ending your marriage. Litigation in court will escalate your attorney fees and often involve more extensive expenditures on experts. Because litigation in the courtroom often moves slowly, the dissolution process frequently leads to faster resolutions. Because you are compromising to get some things you want by relinquishing others, the outcome will tend to be more acceptable than a judgment imposed by a judge. A divorce that involves litigation also will be more likely to spur animosity and conflict than dissolution, which cannot move forward without agreement on all issues. Dissolutions also serve to protect privacy concerning personal issues, which are discussed privately rather than in Family Court. This approach prevents embarrassing facts or allegations from being discussed in open court, so the information becomes a matter of public record. Your children also will tend to cope better when you use the dissolution process because the proceedings are more amicable.
If you have questions about the dissolution process or divorce, we can answer your questions and explain your rights. Our Columbus divorce lawyers at Dawes Legal, LLC understand that you might have fears and concerns about divorce, so we focus on providing clear and timely explanations of your legal rights and options. We invite you to call us today 614-733-9999.