Divorce, Dissolution and Legal Separation.

Divorce, Dissolution and Legal Separation.

In Ohio, there are three basic actions which involve the suspension or termination of a legal marriage: (i) divorce, (ii) dissolution and (iii) legal separation. A “divorce” action is, in essence, a lawsuit – a lawsuit where one spouse sues the other spouse seeking to end the marriage, divide up the marital property and determine child support/child custody issues.

A “dissolution” is not really a lawsuit (e.g. wife vs. husband). However, it is nevertheless a legal proceeding in the domestic relations court – a legal proceeding which seeks all of the same things as a divorce. In a dissolution, both the husband and the wife file the “petition” for dissolution together in the same document. Attached to this “petition for dissolution” is another document called a “separation agreement.” A separation agreement is a contract between the husband and wife which settles all of the issues relating to the termination of the marriage (i.e. the legal termination of the marriage, the division of the martial assets and the allocation of the child support/custody issues. When the husband and the wife file the petition for dissolution (with the attached separation agreement), the domestic relations court sets up a dissolution hearing in about 30 to 60 days. At that hearing, the domestic relations judge will ask both the husband and the wife if they still want to end their marriage, and will further ask if they both want the marriage termination to be controlled by the terms of the separation agreement they attached to the petition for dissolution. If the answer to both of those questions is yes, the judge will grant them a divorce and will transform the separation agreement into a final court order judgment decree.

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