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Is a dissolution better than a divorce?

On Behalf of | Mar 26, 2013 | Uncategorized

The short answer to this one is: sometimes it is and sometimes it isn’t. There are a lot of considerations involved here. If there is no domestic violence and no undue influence or fraud, a dissolution might be a wonderful alternative when a person decides he or she wants to end a marriage. In Ohio, a dissolution requires the parties to enter into a legally sufficient separation agreement before the case can even be filed. That agreement should resolve all matters relating to property, debts, support, children and parenting time, etc. “Grounds” for a dissolution are not necessary, but the court involved has to have appropriate jurisdiction, the parties have to consent, the parties have to cooperate in filing papers in the court, and the parties have to appear at a hearing. The court has to approve the documents as being appropriate. This may sound like a lot of hoops to jump through, but if a wife and husband are able to reach agreement in an amicable fashion, a dissolution can often avoid otherwise unnecessary confrontation in divorce court.
On the other hand, there are a number of situations where a divorce is an appropriate sort of action to file. These would include cases where one party cannot be relied upon to appear at a final hearing even if an agreement is struck, cases where there is a potential for violence, cases where one party is attempting to force the other to do something inappropriate, cases where one party wants to litigate whether or not the parties should indeed be divorced or should remain married, cases where there is no way the parties can reach agreement, etc. In those situations, it is good that the divorce route is available, because it provides an orderly procedure for resolution of family disputes in a recognized branch of the government, the judicial system.
Our office is happy to consult with potential clients about divorces, dissolutions, and other options. In a lot of cases, we find that if people take things slowly, they may be able to mend fences and reconcile. We often encourage the use of people involved in the other counseling professions, such as clinical social workers, marriage counselors, clergy people, psychologists, etc. in many cases.
We feel that it is the client’s decision whether she or he wishes to remain married or have a marriage terminated, not the lawyer’s but we are available in these circumstances to help people sift through this fairly complex area of law and evaluate various options, including negotiation, mediation, litigation, etc. To schedule an appointment with us, potential clients may phone our office and make arrangements to meet with us.