The end of a marriage in Ohio is processed through one of two legal mechanisms: Divorce or Dissolution of Marriage. The most significant difference between them is the level of agreement and cooperation between the spouses.
A Divorce is a court action initiated when spouses cannot agree on one or more of the major issues required to terminate the marriage. These contested issues typically involve the division of marital property and debt, the calculation of spousal support, and all matters related to children, such as custody and child support.
In a divorce, one spouse files a Complaint, which must allege a statutory ground for the termination, such as incompatibility or extreme cruelty. Because of the inherent disagreement, the process is often adversarial and requires significant judicial involvement.
Temporary Orders: The court will typically issue temporary orders at the outset to govern financial and custodial matters while the case is pending.
Court Intervention: The court actively resolves disputes through discovery, mediation, and, if necessary, a trial, where a judge makes the final decisions on all unresolved issues.
A Dissolution of Marriage is a voluntary, cooperative method where both spouses agree on all terms of the marital termination before filing any paperwork. It is often a faster, less expensive, and less stressful route.
The critical requirement is a complete, signed Separation Agreement that resolves every legal aspect of the marriage, including property division, debt allocation, spousal support, and a detailed plan for all child-related issues. No grounds for divorce need to be proven; the mutual desire to end the marriage is sufficient.
Joint Filing: Both parties jointly file a Petition for Dissolution and the comprehensive Separation Agreement.
Final Hearing: The court schedules a final hearing between 30 and 90 days after filing. Both parties must attend to confirm under oath that they understand and voluntarily agree to the terms. If the court finds the agreement fair, it is incorporated into the final Decree of Dissolution.
A divorce attorney like Daniel Gigiano is essential for guiding clients through the initial decision of choosing between a Divorce and a Dissolution. This choice dictates the entire subsequent legal process, cost, and timeline.
Attorney Gigiano assists clients by:
Assessing the Level of Conflict: He evaluates the degree of disagreement and communication between the spouses. If there is genuine, complete agreement on all financial and parenting issues, Dissolution is typically advised for its efficiency. If there are significant unresolved issues or a lack of trust, Divorce is necessary.
Ensuring Comprehensive Agreement: For potential dissolutions, he reviews the client’s assets, debts, and potential parenting issues to determine if an agreement is truly comprehensive and fair. If the agreement is incomplete or overly favorable to one party, it may not be approved by the court, requiring a strategic shift toward divorce.
Strategic Counsel: He helps clients weigh the cost, emotional toll, and timeframe of each option. For instance, a client prioritizing a fast, private resolution may be encouraged to negotiate toward a dissolution, while a client needing court intervention to uncover hidden assets would be advised to pursue a divorce.
Daniel Gigiano is a Wadsworth, Ohio-based divorce and family law attorney. If you live in Medina, Summit, or Wayne County, contact Attorney Gigiano today at (330) 336-3330 for legal consultation regarding a divorce or family law matter.