There are three methods in which a couple can terminate their marriage in Ohio: Divorce, dissolution and annulment.

A divorce is initiated by one of the involved parties through the filing of a complaint that states the reasons for terminating the marriage. In response, the other party involved in the proceedings can file a counterclaim including their reasons for the divorce.

In order to obtain a divorce in Ohio, the person filing the report must be a state resident for at least six months before submission, and a resident in the county where the complaint was filed for at least 90 days. If the latter condition is not met, 90 days of residency by the defendant spouse in the county where the complaint is filed is an acceptable replacement

Dissolution is a joint petition a couple files with the court. Dissolution has the same legal effect as a contested divorce, but is usually faster, cheaper and involves less conflict between the two parties. Before filing the petition, both parties must enter into a “separation agreement” to resolve any pertinent matters such as finances and property. If a couple cannot come to terms on a separation agreement, they must abandon their pursuit of filing dissolution and absolve their marriage through the more expensive method of contested divorce.

An annulment is a legal ruling issued by the court invalidating the marriage due to some defect present before the union was in effect. Unlike a divorce or dissolution that terminates a marriage, an annulment completely removes the legality of the marital union as if it had never taken place. Grounds for annulment might include fraud, mental incompetence or underage status of one of the involved parties.

Contact a divorce attorney in your area for more information on which option is best for you.

Many couples seeking to end their marriages want the fastest and cheapest way to a final divorce decree.  However, there are numerous issues that can affect which process is right for your particular situation.

Ohio Domestic Relations courts offer an option that many couples find attractive called “dissolution.” A dissolution is a joint petition that a couple files with the court that has the same legal effect as a divorce in that the court ultimately issues a decree terminating the marriage.

Dissolutions tend to involve less conflict between the parties, and are usually faster and less expensive than contested divorces. This is partly because the couple must enter into a “separation agreement” before filing the petition. This agreement resolves all of the relevant issues between a couple, such as the division of personal and real property, allocation of debt, etc., so that the court does not have to do so. All of the issues must be resolved in a separation agreement or the dissolution procedure cannot be used.

In the event a couple cannot agree on the terms of a separation agreement, the parties must resolve their issues and end their marriage through a contested divorce process.  This can often result in a longer and more expensive path to an ending of a marriage.

For more information and to see which option is right for you, contact an attorney at Laufman, Jensen & Napolitano.