Dissolution Attorneys in Dayton, Ohio

A marriage coming to an end is often an emotional and challenging experience. In Ohio, couples who wish to part ways without the conflict of traditional divorce may opt for a dissolution of marriage. This legal process is designed to be more amicable, less stressful, and typically faster.

If you're considering a dissolution in Ohio, it's essential to understand how it works, what it entails, and whether it's the right path for you. Located in Dayton, Ohio, our firm, Staton Fisher & Conboy LLC, serves clients throughout the surrounding areas, including Montgomery County, Miami County, and Clark County. Reach out today to schedule a consultation.

What Is a Dissolution?

A dissolution is a type of no-fault divorce in Ohio where both parties agree on all aspects of the separation, including property division, child custody, support, and spousal maintenance. Unlike traditional divorce, where one spouse may allege fault (such as adultery or abandonment), a dissolution focuses on mutual agreement and cooperation.

In a dissolution, there’s no plaintiff or defendant. Both parties work together to file a joint petition, signaling their mutual decision to end the marriage. This process avoids the contentious nature of divorce litigation and may save time, money, and emotional stress.

Key Requirements for a Dissolution

While a dissolution is often simpler than a contested divorce, certain requirements must be met before a couple can pursue this route:

1. Mutual Agreement: The most critical factor is that both spouses must agree on all issues related to the separation. This includes child custody and visitation, division of marital assets and debts, child support, and spousal support (if applicable).

2. Residency Requirement: At least one spouse must have lived in Ohio for six months before filing for dissolution, and in the county where the dissolution is filed for at least 90 days.

Separation Agreement: Both parties must draft and sign a separation agreement that outlines the terms of the dissolution. This document serves as a roadmap for the dissolution process and is submitted to the court for approval.

The Dissolution Process: Step by Step

A dissolution is designed to streamline the process of ending a marriage. While it’s generally faster than traditional divorce, there are still specific steps that need to be followed.

Step 1: File a Joint Petition

The dissolution process begins when both spouses file a joint petition with the court. This petition indicates that the couple has reached a full agreement on all matters related to their separation. Along with the petition, the signed separation agreement is submitted, which details how assets, debts, and responsibilities will be handled.

Step 2: Waiting Period

Once the joint petition is filed, Ohio law requires a 30-day waiting period before the dissolution can be finalized. This waiting period allows both spouses time to reflect on their decision and make sure they’re comfortable with the terms of the separation.

Step 3: Final Hearing

After the 30-day waiting period, the couple must attend a final hearing before a judge. This hearing is typically brief, and both parties must be present. During the hearing, the judge will review the separation agreement and ask the couple to confirm that they’re both voluntarily seeking the dissolution and agree with the terms.

If the judge finds the agreement fair and in accordance with Ohio law, they’ll approve the dissolution, and the marriage will officially end.

Dissolution vs. Divorce: What’s the Difference?

Though a dissolution and a divorce both lead to the end of a marriage, there are several differences between the two. Some of the common differences include:

• Mutual Agreement: A dissolution requires both spouses to agree on all terms, whereas divorces can be filed by one spouse, even if the other disagrees.

• No Fault: A dissolution is no-fault, meaning there’s no need to prove that one spouse is responsible for the breakdown of the marriage. In contrast, divorces can be filed on fault grounds (like adultery or abuse) or as a no-fault action (irreconcilable differences).

• Time and Cost: A dissolution tends to be faster and less expensive because they don’t require lengthy court battles. Divorces, especially contested ones, can drag on for months or even years, accumulating significant legal fees.

• Court Involvement: In a dissolution, the court’s role is minimal, as both parties have already agreed to the terms. In a divorce, especially a contested one, the court plays a more active role in deciding issues like property division, custody, and support.

Is Dissolution Right for You?

A dissolution is a great option for couples who have an amicable relationship and can agree on all terms of their separation. It’s an ideal solution if both spouses are willing to work together, avoid conflict, and prioritize an efficient process.

However, a dissolution isn’t always possible. If there’s disagreement over issues like child custody, support, or division of property, a traditional divorce may be necessary. Additionally, a dissolution may not be appropriate if there are concerns about abuse, dishonesty, or a power imbalance between the spouses.

It’s essential to assess your relationship dynamics and determine whether a dissolution is possible. Consulting with an experienced family law attorney may help you decide whether this option makes sense for your situation.

Common Misconceptions About Dissolution

Despite its benefits, there are several misconceptions about the dissolution process. Let’s clear some of those up:

• “Dissolution and divorce are the same.” While both dissolve the marriage, dissolutions require mutual agreement and are generally faster and less contentious than divorce.

• “Dissolution is cheaper because you don’t need an attorney.” While dissolutions tend to be less expensive, having an attorney is highly recommended. Legal advice makes sure that both parties fully understand the terms they’re agreeing to and helps avoid future disputes.

• “Dissolution is only for short-term marriages.” Any couple can pursue a dissolution, regardless of how long they’ve been married, as long as they can agree on all issues.

The Role of Attorneys in Dissolution

While dissolution doesn’t require the same level of litigation as contested divorces, legal representation is still crucial. An experienced Ohio dissolution attorney will help you manage the dissolution process, make sure your rights are protected, and help draft the separation agreement.

Both spouses can have their own attorneys to review the terms of the separation agreement, especially when there are significant assets or children involved. Legal counsel may also provide guidance if any disputes arise during the process, helping to keep things on track.

What Happens If You Can’t Agree?

If you and your spouse can’t agree on all terms, you won’t be able to pursue a dissolution. In that case, you may need to file for a traditional divorce, where the court may intervene and make decisions on disputed matters. Sometimes, even if couples start with a dissolution in mind, unresolved issues may push them toward divorce proceedings.

However, before moving to a divorce, mediation is an option to consider. Mediation allows couples to work through disagreements with the help of a neutral third party. Many dissolutions that hit roadblocks can still be resolved through mediation, avoiding the need for a full divorce trial.