Divorce or Dissolution – Which Is Best

The decision to end a marriage is never an easy one, even when both parties agree that the marriage should end. The decision, and the process is even more difficult when you and your spouse are less than amicable. Children, business interests, and long term marriages add additional stress and tension. Divorce and Dissolution are the two most common ways to terminate a marriage in Ohio. However, many people don’t understand the difference between the two.

If you have been served with divorce papers or are contemplating ending your marriage, contact the Nicodemus Law Office at 740-422-9280 to schedule a consultation to discuss your rights.

Divorce

Divorce is adversarial by nature – one spouse suing another. The State of Ohio has enumerated specific reasons a person may file for and be granted a divorce (see RC 3105.01). Often the most contentious issues in a divorce are not the the reasons for the divorce but are instead the issues of custody of children and division of the marital property.

While it is true that most divorces are resolved prior to trial by agreement of the parties, that resolution only comes after the parties and their attorneys fully discuss and litigate all the issues. Litigating these matters may also include Guardians for the children or experts to place values on marital property and businesses. Divorces, even when they resolve without a trial, can take a year or more to complete.  

Dissolution

A Dissolution may be an appropriate way to terminate a marriage when both parties are aware and agree that a marriage needs to end and they believe they can resolve all marital matters between themselves amicably.  Sometimes, even when spouses haven’t fully agreed on all issues, they may agree a dissolution is preferable (often when children are involved) and will engage an attorneys to help resolve any issues.

Dissolutions are often resolved much quicker than divorces. While is can take time to negotiate and agree on terms, such as child care and property division, because the process is not overseen by the court, it can still be quicker than a divorce. Once a Petition for Dissolution is filed, the court must hear the matter within 90 days.

If you have been served with divorce papers or are contemplating ending your marriage, contact the Nicodemus Law Office at 740-422-9280 to schedule a consultation to discuss your rights.