By Attorney Andrew Russ, Ohio Divorce Lawyer
Andrew Russ Law – Serving Athens, Columbus, and All of Ohio
andrewrusslaw.com
Introduction
In Ohio, couples seeking to end their marriage have two main legal options: divorce and dissolution of marriage. While both result in the legal termination of the marital relationship, they differ in process, requirements, and how conflict is handled.
A dissolution of marriage in Ohio is often seen as the more amicable and efficient path, allowing couples to work together on all terms before filing. This process can save time, reduce stress, and minimize costs compared to a contested divorce. However, dissolution isn’t right for everyone, and understanding the legal framework is essential.
At Andrew Russ Law, we help clients across Ohio—whether in Athens, Columbus, or beyond—navigate dissolution proceedings with clarity and confidence. In this guide, we’ll break down the legal process, eligibility requirements, timelines, and important considerations so you can make informed decisions about ending your marriage.
What Is Dissolution of Marriage in Ohio?
Under Ohio Revised Code § 3105.63, dissolution of marriage is a no-fault legal process where both spouses agree on all aspects of their separation before filing the case. This includes:
- Division of marital property and debts
- Child custody and parenting time arrangements
- Child support amounts
- Spousal support (alimony), if any
Unlike a contested divorce, where disagreements are resolved in court, dissolution is entirely based on mutual agreement. This makes it generally faster, less adversarial, and more cost-effective.
Dissolution vs. Divorce in Ohio
| Feature | Dissolution of Marriage | Divorce |
| Fault Required? | No – Both parties agree on all terms | No-fault or fault grounds possible |
| Agreement Before Filing? | Yes, must have a complete separation agreement | No, disagreements may be resolved during the case |
| Court Hearings | Usually one brief hearing to finalize | Multiple hearings or trial possible |
| Timeframe | Typically 30–90 days from filing | Can take months to over a year |
| Cost | Usually less expensive | Often more costly due to litigation |
Key takeaway: Dissolution works best when both spouses are committed to cooperation. If there are disputes that cannot be resolved, a divorce may be the only option.
Who Can File for Dissolution in Ohio?
To file for dissolution in Ohio, at least one spouse must:
- Have lived in Ohio for at least 6 months prior to filing.
- Have resided in the county of filing for at least 90 days prior to filing.
Couples must also be in full agreement on all settlement terms before filing. If the parties can’t reach an agreement, the case will need to proceed as a divorce instead.
The Legal Requirements for Dissolution
Before filing, spouses must prepare and sign a separation agreement. This document must address:
- Property Division – How marital assets (such as homes, cars, bank accounts, retirement funds) will be divided.
- Debt Allocation – How shared debts (such as mortgages, credit cards, and loans) will be handled.
- Parental Rights and Responsibilities – For couples with children, this includes parental allocation, visitation schedules, and decision-making authority.
- Child Support – Calculated using Ohio Child Support Guidelines unless both parties agree otherwise and the court approves.
- Spousal Support – Terms for any alimony payments, including duration and amount.
The separation agreement is legally binding once approved by the court.
Step-by-Step Process of Dissolution in Ohio
1. Negotiate the Separation Agreement
This step is typically done outside of court. Spouses can work with:
- Attorneys (recommended for legal protection)
- Mediators (neutral third party)
- Collaborative law professionals
2. Prepare the Filing Paperwork
Required documents generally include:
- Petition for Dissolution of Marriage
- Separation Agreement
- Parenting Plan (if applicable)
- Child Support Worksheets (if applicable)
- Waiver of Service (to confirm both parties agree to proceed)
3. File with the Court
Both spouses must sign and file the petition together. The court will then schedule a hearing date, usually within 30–90 days.
4. Attend the Final Hearing
Both spouses must attend the hearing. The judge will:
- Review the separation agreement
- Ask basic questions to confirm both parties consent
- Ensure arrangements for children are in their best interests
If all is in order, the judge will issue a Decree of Dissolution.
5. Implementation of the Agreement
Once the decree is signed, a marriage is legally dissolved, and the terms of the agreement take effect.
Timelines for Dissolution
The typical Ohio dissolution timeline is:
- Preparation & negotiation: 2–8 weeks (can vary greatly)
- Court scheduling: 30–90 days from filing
- Finalization: On the date of your hearing
In total, many couples complete dissolution in 2–4 months—far faster than the average contested divorce.
Advantages of Dissolution of Marriage in Ohio
- Speed – Often finalized within 90 days.
- Lower cost – Reduced attorney fees and court costs compared to divorce.
- Privacy – Fewer court filings mean more privacy.
- Less conflict – Encourages cooperation and mutual respect.
- Control – Spouses decide terms rather than leaving decisions to a judge.
Potential Drawbacks
While dissolution has many benefits, it’s not for everyone:
- Requires total agreement – If even one issue is disputed, dissolution isn’t possible.
- Limited court involvement – No discovery process unless you arrange it privately.
- Not ideal in high-conflict situations – Cases involving domestic violence, hidden assets, or child safety concerns usually require divorce proceedings.
Dissolution and Children in Ohio
When children are involved, the separation agreement must include:
- Parenting Time Schedule – Specifies when the child will be with each parent.
- Parental Decision-Making – Often referred to as “allocation of parental rights and responsibilities.”
- Child Support Arrangements – Based on Ohio guidelines unless there’s an agreed deviation approved by the court.
Courts prioritize the best interests of the child, ensuring stability and fairness.
Spousal Support in a Dissolution
Spousal support (alimony) can be part of a dissolution if both spouses agree. Factors influencing support include:
- Length of the marriage
- Income disparity between spouses
- Standard of living during the marriage
- Age, health, and earning capacity of each spouse
The court will approve agreed terms if they are fair and reasonable.
Modifying a Dissolution Agreement
Once the court issues a Decree of Dissolution, property division terms are final and generally cannot be changed. However:
- Child custody and child support may be modified if there is a substantial change in circumstances.
- Spousal support can only be modified if the original decree specifically allows for it.
Common Mistakes
- Failing to fully disclose assets or debts
- Signing without legal review
- Not considering tax implications
- Overlooking retirement accounts or hidden assets
- Agreeing to unrealistic parenting schedules
Working with an Ohio family law attorney helps avoid these costly errors.
How an Ohio Divorce Attorney Can Help
Even in amicable dissolutions, having an attorney ensures:
- Your rights are protected
- The separation agreement is fair and enforceable
- All paperwork is correctly prepared and filed
- You understand the long-term impact of your decisions
At Andrew Russ Law, we guide clients through dissolution from start to finish, whether you need full legal representation or document review.
Related Ohio Family Law Topics
- Divorce in Ohio: What You Need to Know
- Property Division in an Ohio Divorce
- Mediation, Settlement, and Negotiation in an Ohio Divorce
- Modification of Child Support in Ohio
- Role of the Guardian Ad Litem in Ohio Custody
Conclusion
A dissolution of marriage in Ohio offers couples a cooperative, cost-effective, and faster path to ending their marriage—provided both can agree on all terms before filing. While it may seem straightforward, the decisions made in your separation agreement can affect your finances, parental rights, and future stability for years to come.
If you’re considering dissolution in Athens, Columbus, or anywhere in Ohio, consulting with an experienced Ohio family law attorney ensures you fully understand your rights and obligations.
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