What’s the Difference Between Dissolution and Divorce?

In most states, there is no difference between “divorce” and “dissolution of marriage.” Some documents refer to the more technical term of “dissolution of marriage,” while “divorce” tends to be the more casual way of referring to it.

In Ohio, however, there is a difference.

Dissolution

“Dissolution” is usually faster, often less expensive, and indicates that neither party contests the decision to separate. Importantly, the two parties reach a settlement agreement before they file the dissolution petition. The people separating resolve any issues regarding child custody, property, and shared debts before taking any legal steps.

Dissolution is a “non-adversarial proceeding.” All fine points of the separation documents should be worked out between the two parties before either of them approaches the court.

Also, the couple that has separated must trade any information with each other, voluntarily. Unlike a divorce, the courts have no power to subpoena, and the courts cannot put in place any orders forcing either side to share information.

Shared Parenting

If a couple agrees to dissolution, they supply the court with a document called a “Separation Agreement.” This document covers details of childcare as well, if children are part of the marriage. If the separating spouse agree upon joint full custody of the children, then they enter into something called “Shared Parenting” in Ohio. Ohio courts require a separate document referred to as a “Shared Parenting Plan,” which both spouses must agree to and sign.

At the end of the process, there will be a final dissolution hearing. Up until that point, the separation agreement both parties have signed will serve as a contract. After that final dissolution hearing, the separation agreement contract becomes a court order. The court can then enforce this court order, and make sure both spouses are adhering to the details of the agreement.

Divorce

“Divorce” in Ohio means that one spouse alleges that the other is at fault for the separation.

If a divorce happens in Ohio, there must be a reason given for the move to end the marriage, and the court must determine which spouse is responsible for the split.

There are a few conditions under which divorce is regularly recommended:

1. If either of you has moved to another country, or to another part of the USA. This means that only one of you is likely to go to a final hearing, so you would probably head toward an uncontested divorce.
2. If either of you refuse to sign any legal documents. In such cases, one spouse will file for a divorce.
3. If there are complicated financial issues, simply because a divorce will mean you both have everything on record.
4. If there is abuse in the marriage. A contested divorce can help protect the spouse that is being abused.

Other Related Terms

When it comes to dividing assets in Ohio, it is also different from some other states. In Ohio, all assets acquired during the marriage are considered marital assets. Those assets are to be divided “equitably” between the spouses.

The beginning date of the marriage is the date of the ceremony. The ending date can either be the date the court ended the marriage, or an earlier date when the spouses separated.

“Equitably” usually means “equally” when it comes to dividing assets. Ohio courts make exceptions, though, for example in cases of:

1. Gambling losses
2. The purchase of gifts for a lover
3. Failure to disclose an asset in a divorce court proceeding
4. The purchase of an illegal substance such as an illicit drug

Are you in the midst of a split? Would you like some counsel to help protect you? Contact us today for assistance.