The most common question we receive from a client is whether or not they should attempt a dissolution or file a divorce. A Dissolution is by far the most preferred method to terminate your marriage if both parties are in complete agreement. Both parties must fully agree on the division of assets and liabilities, and if there are children of the marriage, the parties must discuss and agree upon the parenting plan and support that best suits their lifestyle.
If you find yourself in a position where you are unsure if your spouse is willing to discuss the termination of your marriage or amicably agree, there are steps you can take to improve your odds of completing a dissolution. While many think of marriage counseling as a way to prevent the end of your marriage, discussions with a third party may lead to an acknowledgment from your spouse that the marriage is over. You may also consider speaking to your church leader, a family law mediator or discuss when would be the best time to approach your spouse with us.
During the process of negotiating a dissolution it is important to remember that the attorney your spouse has hired to “prepare” the paperwork is not your attorney. An attorney may only represent one party during a Dissolution. While it is perfectly acceptable for only one attorney to be involved in the process of drafting the documents, it is always advisable, at a minimum, to have the unrepresented party consult with an attorney before signing the final draft of the documents.
A Dissolution is a no-fault method of terminating the marital contact with your partner. There are no stated grounds for a dissolution and no fingers pointed. Once the parties have a fully drafted agreement, the Dissolution may be filed in the county in which at least one of them has been a resident for 90 days and a resident of the State of Ohio for at least six months. Some Counties in Ohio require that you complete a parenting class before they will accept the Dissolution filing. Other Counties will accept the initial filing and then require the parents to complete the class.
A hearing will be scheduled after a mandatory 30 day waiting period.