What is a dissolution of marriage?
A dissolution legally terminates a marriage, when both spouses request the court to review, approve, and enforce their agreements. Dissolutions are governed by the Ohio Revised Code, Chapter 3105.
How is dissolution different from divorce?
Both dissolution and divorce legally terminate a marriage. In a dissolution, the spouses have already resolved all the necessary legal issues with written agreements. In a divorce, there are one or more issues that haven’t been resolved by agreement, and they need to be decided by the court.
Do both spouses have to agree to a dissolution?
Yes. Both spouses must have voluntarily agreed on the resolution of various legal issues. Also, pursuant to ORC 3105.62, both spouses are necessary parties to the dissolution case.
Is dissolution faster than a traditional divorce?
Yes, a dissolution is faster than a traditional divorce. Pursuant to ORC 3105.64, when a dissolution is filed there will be a hearing, which is generally the only hearing, between thirty and ninety days later.
What documents are required for a dissolution?
A Petition for Dissolution must be filed along with a Separation Agreement that complies with ORC 3105.63. Each county will have its own local rules, oftentimes requiring various other forms.
Do we have to go to court for a dissolution?
Yes, you will have to go to court at least once. If the paperwork is filed correctly and the court approves the agreements, then you should only have to go to court once.
What happens if we disagree on one issue?
Pursuant to ORC 3105.63, a separation agreement “shall provide for a division of all property; spousal support; if there are minor children of the marriage, the allocation of parental rights and responsibilities for the care of the minor children, the designation of a residential parent and legal custodian of the minor children, child support, and parenting time rights”, therefore if the spouses disagree on one of those issues, they will not be able to proceed with a dissolution.
Is a dissolution legally binding?
Yes. Pursuant to ORC 3105.65, when a court grants a dissolution it issues a Decree of Dissolution that incorporates the separation agreement of the parties. The court then has full power to enforce the separation agreement and the Decree of Dissolution.
Can a dissolution be changed later?
Some agreements, such as child support, are nearly always modifiable. Other agreements, like property division, are rarely modifiable (ORC 3105.171). Our attorneys can help you determine the best strategy for getting the modifications you need.