When a couple decides to end their marriage, there are different ways to approach the process. What works for some individuals may not be the best fit for others. Divorce and dissolution are terms that are commonly used when referring to ending a legal marriage. However, these processes have unique stipulations that differ from one another.
Law Offices of William L. Geary wants to help you learn about the differences between divorce and dissolution and which may work best for your situation, especially if your spouse is making things difficult.
Filing For Divorce Immediately
In order to file for a contested divorce, you must have grounds, or reasons, for the marriage to end. Potential grounds for divorce include: 1. either party had a husband or wife living at the time of the marriage from which the divorce is sought; 2. separation of the parties, for over one year without cohabitation, 3. adultery; 4. extreme cruelty; 5. fraudulent contract; 6. gross neglect of duty; 7. habitual drunkenness; and 8. imprisonment of the adverse party in a state or federal correctional institution at the time of the filing of the complaint.
There are also uncontested divorces where grounds have not been denied.
When deciding to go with divorce immediately, there are several pros to consider. An attorney can help get the process started as quickly as possible, asking the court immediately for the granting of temporary orders for important components such as child support and custody. Law Offices of William L. Geary can help you with all of this while also gathering important records and information in order to navigate your divorce accurately.
However, there are cons to this option as well. Temporary orders can take weeks to go into effect. Furthermore, there is a possibility that your spouse may become uncooperative during this time, refusing to acknowledge the divorce process. If your spouse drags their feet during divorce, having an attorney in your corner can ensure that the separation moves forward.
The Dissolution Route
Sometimes, standard divorce processes aren’t the best fit for a couple. In Ohio, there is also the option to go with dissolution, which has different requirements. When deciding to proceed with dissolution, there is no need to have grounds to file for divorce. However, you and your spouse must file a petition with the courts and must agree on all issues including that you are incompatible.
There are definite pros when deciding to proceed with dissolution. For example, you and your spouse have the opportunity to negotiate your dissolution on both of your terms. You can reach agreements tailored to your specific needs. In a dissolution, the courts are not involved until the couple reaches a definitive agreement on all aspects of the divorce, such as property and custody. This means that you can also avoid having to navigate temporary court orders. Also, a dissolution hearing to conclude the case and terminate the marriage can take place in just over 30 days after the action for dissolution is filed.
However, there are cons to dissolution as well. For example, sometimes a spouse will refuse to provide their information, making collaboration and discussion nearly impossible, or even refuse to show up for the dissolution hearing—in which case you would have to start over and file for a divorce. Reaching agreements can also be difficult in these situations, especially if one party refuses to make compromises.
Finding The Best Options For You in Ohio
If you are considering divorce or dissolution and need assistance in weighing your options, know that Law Offices of William L. Geary is here to help. We can go over the divorce and dissolution processes, providing you with a comprehensive overview to help you make sound decisions. Once you figure out what approach works best for you and your family, we will be in your corner.
If you need assistance finding the best separation method, contact Law Offices of William L. Geary today at (614) 289-1227 to speak with our attorneys.