We Offer Practical Solutions
To Protect Your Interests.

When is dissolution an option for Ohio spouses?

On Behalf of | Jan 22, 2025 | Family Law

Many people put off filing for divorce because they assume they have to litigate. They worry about sharing deeply private matters in court and risking the loss of valuable property or time with their children. While litigated divorce is always an option, spouses have more than one alternative available to them under Ohio state statutes. Some people file uncontested divorces. Others may qualify for dissolution proceedings.

Dissolution is an amicable, faster alternative to traditional divorce. Couples who qualify for dissolution can limit their expenses, speed up the divorce timeline and keep things relatively calm. What is necessary for spouses to pursue dissolution instead of a traditional divorce?

Dissolution requires mutual agreement

In many ways, dissolution is similar to an uncontested divorce. The spouses have to resolve all of their disagreements about marital matters before they file paperwork with the family courts. They negotiate property division settlements and other disagreements before they petition to end the marriage.

Spouses must work out viable solutions for asset division, spousal support and child custody matters. They integrate those terms into a separation agreement that they submit to the courts when they file. Spouses must meet residency requirements to file for dissolution in Ohio. At least one of the spouses needs to have lived in the state for six months before filing for dissolution.

The dissolution process usually moves relatively quickly. The courts impose a 30-day waiting period after the spouses submit the petition. The courts typically must schedule a hearing within 90 days of when the spouses file the petition.

The process in family court is straightforward. The spouses need a judge to look over their separation agreement. The judge may ask questions to clarify what happens with shared property, mutual children and financial support.

The goal is to ensure that the spouses both understand and agree on the terms set in the separation agreement. Provided that the discussions during the hearing satisfy the judge, the terms set in the separation agreement then become part of the court orders issued in recognition of the dissolution.

Learning about dissolution and other low-conflict divorce solutions is a generally smart step for those preparing for divorce in Ohio. Many couples can limit the expensive conflict of ending a marriage by employing a cooperative approach.