Marital dissolution and divorce are two ways to legally end a marriage. However, divorce and dissolution are two different processes. If you’re an Ohio resident, it’s important for you to know the difference between the two so that you can choose the option that is best for your family.
Grounds for divorce
To get a divorce, one spouse must claim that their partner is at fault or provide “grounds” for the divorce. These grounds are legal reasons why a spouse can bring their partner to court and request a divorce. The legal explanations for divorce can include long-term alcohol abuse, adultery or voluntary absence from the marriage for a year or more. Extreme cruelty or incarceration can also serve as grounds for divorce. The complaining spouse must provide evidence that the other spouse is at fault for the divorce to be granted. You may also file for a no-fault divorce in Ohio if you and your spouse are living in separate homes for more than one year and neither of you denies incompatibility.
Divorce proceedings
Divorce proceedings work differently from marital dissolution since the process starts when one spouse files a complaint. The other spouse is then “served” the papers. The spouse who receives the divorce request has six weeks to respond.
One spouse can ask the court for temporary orders so that the couple can remain legally married to handle financial responsibilities and ensure proper care of the couple’s children. This is sometimes necessary if a couple needs to handle particular debts or if a stay-at-home parent needs more time to earn income for the household.
What’s the difference between divorce and dissolution?
Marital dissolution eliminates the need for some of the steps you’d have to take during a traditional divorce. Fault grounds are not an issue with dissolution since the process is handled much like no-fault divorce.
The petition for marital dissolution is not filed with the local court until both spouses agree on all divorce-related issues. These issues can include parental custody and visitation, alimony or spousal support, child support and attorney fees.
