Differences Between Dissolution And Divorce

In Ohio, there are two ways to legally end a marriage: dissolution and divorce. The result of each of these processes is the same: your marriage will be legally terminated and all issues related to the ending of your marriage shall be resolved. Those issues include the manner in which your assets and debts will be divided/distributed between you two; whether one of you will be obligated to provide spousal support to the other following the termination of the marriage; and the manner in which your rights and responsibilities involving minor children is allocated between the two of you.

Although the end result of dissolution and divorce is the issuance of a court order addressing and resolving all of these issues, the manner in which they are resolved is very different depending upon which of the two processes is used.

Benefits Of Choosing Dissolution Of Marriage

There are a number of advantages to choosing dissolution of marriage. These advantages include:

• You and your spouse are in control of making the decisions as to how to resolve the issues incident to the ending of your marriage.
• Dissolution is usually less expensive than the divorce process.
• The dissolution process often takes less time than the divorce process.
• It is less likely to cause further damage to your ability to communicate and cooperate with your spouse, which, if you have children, will continue to be a very important consideration.
• It is likely to have a less detrimental effect on your minor children.

For the dissolution process to work, both spouses must be willing to fully cooperate and be honest and forthright with each other. Under this process, you cannot subpoena documents or people, so both spouses have to be willing to voluntarily share all relevant information and documentation, including documentation related to real estate, bank accounts, stocks, bonds and mutual funds, retirement benefits and debts. There are different ways that the parties can come to an agreement to proceed with a dissolution, including the use of collaborative divorce or mediation.

Whatever process is used to reach an agreement, you and your spouse will need to be able to work together. Even if you and your spouse have had difficulty communicating and working together in the past, with the help of experienced, knowledgeable and competent attorneys, as well as potentially other professionals, you very well may be able to work together to reach an agreement on the issues that have to be resolved to end your marriage.

When Is A Divorce Necessary?

Although it is generally preferable for the spouses to be able to work together with their attorneys to resolve all of the issues incident to the ending of their marriage, there are some cases where this is simply not possible. In those cases, the divorce process is available to end the marriage. In a divorce case, one spouse will file the necessary pleadings, including a complaint about divorce, with the domestic relations court, which is how the formal divorce process begins.

Even in a divorce case, the court will encourage the parties to work together to come to an agreement on all of the issues. If this does not occur, however, the issues will be decided by a judge following a trial at which each party will present evidence in support of their position. Based on the evidence that is presented to the judge and the judge’s interpretation of applicable Ohio law, the judge will decide these unresolved issues for the parties. Such issues may include how to allocate the parties’ rights and responsibilities involving minor children, how to divide their property and debts, and whether either spouse shall be obligated to pay the other spousal support (alimony) following the ending of the marriage.

Choosing The Right Approach For Your Family

There are different ways you and your spouse may choose to end your marriage. For almost four decades, attorney John Heilbrun has been helping couples with these processes, and he can help you determine which approach will work best for you and your family. Whether you proceed with a dissolution or divorce, Mr. Heilbrun will help you protect your rights and try to assist you in making decisions that are in the best interests of your children.

If you are searching for an experienced family law attorney to represent you in connection with the issues related to the ending of your marriage, please contact The Law Office of John Heilbrun by calling 513-548-5606 or by filling out this online contact form to schedule an initial consultation.