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What are the Differences Between Dissolution and Divorce and Which is Right For You?

What is the Difference Between Divorce and Dissolution?

While dissolution and divorce both accomplish the termination of a marriage, there are several differences between the two. One of the main differences is that a divorce may be granted even when one party refuses to cooperate or participate in the termination proceedings. The option of divorce is appropriate when two parties cannot agree on custody, support, property, etc, or they have not been in contact for a significant period of time. Conversely, dissolution is appropriate for two parties working together to end the marriage and agree on all issues.

What are the Grounds For Divorce in Ohio?

Ohio divorce law allows for fault and no-fault divorces. For a no-fault divorce, a couple does not assign blame to one spouse or the other for the ending of the marriage. Instead, couples may choose from the following as a grounds for divorce:

  • Incompatibility
  • Living separately without cohabitation for one year or more

For a fault-based divorce, a couple must prove reasonable and accepted grounds such as:

  • Being married to another partner during this time
  • Willful abandonment for a minimum of one year
  • Extreme cruelty
  • Adultery
  • Fraud misrepresentation
  • Gross neglect of marital duties
  • Alcohol or drug addiction
  • Imprisonment
  • One spouse received a divorce in another state

What is Required for Dissolution in Ohio?

For dissolution of marriage to occur, both parties must agree to terminate the marriage and agree on all of the matters related to ending that marriage. Dissolution is typically a quicker and easier way to end a marriage. Dissolution involves an agreement by the couple on the following issues:

  • Division of debts and assets
  • Alimony
  • Child custody
  • Parental visitation
  • Child support

What are the Advantages of Divorce?

Pursuing a divorce can have many advantages, some of which include:

  • The court will help both parties resolve any disputed matters.
  • Temporary orders may address issues before an agreement can be reached.
  • Both parties will be forced to disclose all known and unknown assets.

What are the Disadvantages of Divorce?

A few disadvantages of the divorce process include:

  • The termination of the marriage could be a long process.
  • A longer divorce process can drastically increase costs for both parties.
  • Divorces may be time-consuming.

What are the Advantages of Dissolution?

A couple may choose dissolution for some of the following advantages it offers.

  • The two parties are responsible for the decisions pertaining to the termination of the marriage.
  • Often, couples who seek dissolution maintain amicable and healthy relationships after the end of the marriage.
  • Dissolution is often a quicker and cheaper process.

What are the Disadvantages of Dissolution?

Several disadvantages to terminating a marriage by means of dissolution are as follows:

  • Neither party can request temporary orders from the court on issues where an agreement has yet to be reached. Examples of temporary orders include temporary parenting time, spousal support, and child support.
  • It is easier for one party to conceal assets from the other party due to the lack of a discovery phase.

How is Property Divided During Divorce in Ohio?

During the divorce process in Ohio, property is divided between both parties as follows:

  • Property obtained by the couple during the marriage is divided 50/50.
  • With a short-term marriage, separate property that was brought into the marriage by one individual will return to its original owner.
  • With a longer marriage, separate property that was brought into the marriage by one individual may be considered marital property and divided.

There are many exceptions to this basic formula, with many other circumstances considered. A court will also consider:

  • The age and health of both parties
  • The duration of the marriage
  • The income sources and earning capabilities of each party
  • The conduct of each party during the marriage
  • The value of marital assets
  • Marital debt
  • Child custody arrangements
  • Alimony arrangements

During dissolution, both parties would agree on how property is divided, not a court.

How is Spousal Support Decided During Divorce in Ohio?

Spousal support, or alimony, is monetary support awarded to one spouse by the other during or after divorce. Ohio recognizes two types of alimony: temporary spousal support and permanent spousal support. Alimony may be calculated at any time, such as if one party remarries, inherits property, or moves. Either party can petition the court to change the amount or conditions of the payment.

Temporary Spousal Support

Temporary spousal support is monetary support that is ordered during the divorce process. The court bases the amount paid on the monthly amount each party earns and other resources available to each party. A party may be awarded temporary spousal support before or during divorce proceedings when one party is financially reliant on the other. An order for temporary spousal support does not guarantee the support will continue once a divorce is granted.

Permanent Spousal Support

When permanent spousal support is ordered, it may involve recurring monthly payments or a one-time transfer of assets. Here, the word “permanent” refers to the order being the judge’s ultimate and lasting decision once the divorce is finalized. It does not mean that the support will last forever.

Do I Need An Attorney?

Ending a marriage is never easy. Your choice for legal representation is. Here at Lawrence Law Office, we are ready to offer you the guidance and support you need. Give us a call today at 614-228-3664 or fill out a contact form for a consultation.

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