What’s the Difference Between Divorce and Dissolution of Marriage?
When a marriage ends in Ohio, couples typically choose between divorce and dissolution. While both bring a legal end to the marriage, they follow different legal paths and serve different functions depending on the couple’s situation.
At Heckert & Moreland Co. LPA, we know that understanding the differences is essential for anyone considering their options under Ohio family law. We understand the key distinctions between divorce and dissolution of marriage, including how they work, what they require, and when each might be appropriate. Our goal is to help Ohio residents make informed decisions during a critical period.
Understanding the Role of Family Law in Ending a Marriage
In Ohio, family law governs how marriages begin and end. It provides the legal structure for processes like divorce and dissolution, addressing issues such as property division, child custody, spousal support, and parental rights.
While both divorce and dissolution lead to the same legal result—a terminated marriage—they differ significantly in terms of process, conflict, and legal grounds. Family law in Ohio recognizes these differences and allows couples to choose the option that fits their relationship, priorities, and ability to cooperate.
What Is Divorce in Ohio?
Divorce is a court-based legal proceeding that ends a marriage when one or both spouses no longer wish to remain married. In a divorce, one spouse files a complaint with the court, triggering a contested process even if the other spouse agrees that the marriage should end.
Ohio recognizes both “fault” and “no-fault” grounds for divorce. Fault grounds include reasons such as adultery, habitual drunkenness, or extreme cruelty. No-fault divorces can be granted on the grounds of incompatibility or living apart for at least one year without cohabitation.
Divorce proceedings usually involve:
One spouse initiating the action
A formal legal complaint filed in court
Court hearings and potential trial dates
Judicial rulings on disputed matters such as child custody, support, or property division
Because divorce typically involves disagreement or conflict, the court plays a central role in resolving those disputes under the direction of Ohio family law.
What Is Dissolution of Marriage in Ohio?
Dissolution of marriage is a voluntary, non-adversarial legal process that allows spouses to terminate their marriage by mutual agreement. Unlike divorce, dissolution requires both spouses to work together to resolve all major issues before filing any court documents.
For a dissolution to move forward, the spouses must agree on every issue, including:
Division of property and debts
Spousal support (if any)
Custody, parenting time, and support for minor children
Once the spouses agree on all terms, they jointly file a petition with the court, along with a signed separation agreement. A brief hearing is scheduled, usually within 30 to 90 days. If the judge approves the agreement, the marriage is dissolved.
Because dissolution requires cooperation and consensus, it tends to be faster, less expensive, and more private than divorce. Ohio family law supports this option for spouses who can resolve their differences outside of court.
Key Differences Between Divorce and Dissolution
While both divorce and dissolution result in the legal end of a marriage, the process, timeline, and emotional tone can differ. Below is a side-by-side comparison of their core differences.
Initiation and Agreement:
Divorce: Initiated by one spouse, often without the other's consent. Conflict may exist.
Dissolution: Jointly initiated. Requires full agreement on all terms in advance.
Legal Process:
Divorce: Involves formal pleadings, discovery, pretrial motions, and possibly a trial.
Dissolution: Involves a single petition and a final hearing with no formal discovery or trial.
Time and Cost:
Divorce: Can take months or years and often results in higher legal fees.
Dissolution: Often resolved within a few months and may involve lower legal expenses.
Court Involvement:
Divorce: Judge actively decides unresolved issues.
Dissolution: Judge reviews and approves an already-settled agreement.
Conflict Level:
Divorce: Typically involves disagreements that require legal resolution.
Dissolution: Requires cooperation and a shared interest in resolving issues privately.
Understanding these distinctions helps clarify which route may be more appropriate under Ohio family law, depending on the relationship between the spouses and their willingness to cooperate.
When Divorce May Be Necessary
There are situations where divorce is the only viable option, even if it’s not the most efficient. If one spouse refuses to cooperate, hides assets, or has engaged in abusive behavior, dissolution is off the table. In such cases, legal protections provided by Ohio courts during divorce can be critical.
Divorce may also be necessary when significant disagreement exists about parental rights or financial matters. The court's involvement allows these issues to be resolved in a structured way, even if it takes time.
Under Ohio family law, the court has the authority to order temporary relief during divorce proceedings, including temporary child custody, child support, and spousal support. This can offer stability while the case is pending.
When Dissolution May Be a Better Choice
Dissolution may be more appropriate when spouses are on relatively good terms and can collaborate on important decisions. It’s often chosen by couples who want to avoid litigation, keep costs down, and reach an agreement through private discussion.
In some cases, couples use mediation or collaborative law to assist with crafting a separation agreement that meets Ohio’s legal requirements. These methods encourage problem-solving and cooperation without the adversarial nature of divorce.
The dissolution process reflects Ohio’s support for peaceful resolution when both parties are willing to engage in honest communication and compromise.
Legal Requirements for Divorce and Dissolution in Ohio
Ohio imposes specific legal requirements for both processes. For example, at least one spouse must have lived in Ohio for six months before filing for divorce or dissolution. Additionally, divorce requires service of process to notify the other spouse, while dissolution involves a joint petition with no need for service.
Other legal requirements include:
Divorce: Must state legal grounds for ending the marriage (fault or no-fault)
Dissolution: Requires a signed separation agreement before filing
Ohio courts will review all agreements involving children to confirm they serve the child’s best interests. Whether through divorce or dissolution, the court retains authority to approve custody, support, and parenting plans under family law statutes.
The Role of Legal Counsel in Both Processes
While some spouses file for dissolution without legal counsel, most benefit from legal guidance to avoid mistakes that could impact property rights or parental obligations. In contested divorces, legal representation is especially important due to the procedural rules and potential courtroom appearances.
Attorneys assist with:
Drafting and reviewing separation agreements
Representing spouses during hearings or mediation
Providing insight into Ohio family law and court procedures
Advising on realistic outcomes and legal obligations
Legal counsel can also help enforce rights related to spousal support, child custody, or property division once a judgment is entered. Even after the process concludes, Ohio law allows for modification of certain orders under specific circumstances.
Custody and Parenting Plans in Divorce vs. Dissolution
Child-related matters are governed by the same legal standards whether the marriage ends in divorce or dissolution. The key difference is how decisions are made.
In divorce, if the parents can't agree on a plan, the court steps in and issues orders based on the child’s best interests. This can include shared parenting arrangements or sole custody with visitation.
In dissolution, the parents must agree on a parenting plan before filing. This includes:
Allocation of parental rights and responsibilities
Parenting time schedules
Decision-making authority for education, health care, and extracurriculars
The court will approve the plan as long as it meets the child’s best interests and complies with family law guidelines in Ohio.
Financial Considerations in Both Processes
Whether ending a marriage through divorce or dissolution, financial issues must be resolved thoroughly. These include property division, debt allocation, retirement benefits, and support obligations.
Ohio follows the principle of equitable distribution, meaning property is divided fairly—not necessarily equally—based on various factors such as:
Duration of the marriage
Contributions of each spouse to marital property
Economic circumstances of each party
In a divorce, a judge may be required to weigh evidence and issue decisions if the spouses disagree. In dissolution, the parties determine these issues on their own and present a proposed agreement to the court.
Spousal support (also known as alimony) is available in both divorce and dissolution, depending on each spouse’s financial situation. The court has discretion in awarding support and considers multiple factors under Ohio family law.
How Emotions Can Influence the Process
Beyond legal and financial concerns, emotions often play a role in choosing between divorce and dissolution. Divorce can become adversarial, especially when there are unresolved grievances or power imbalances. This can affect communication, prolong litigation, and increase legal fees.
Dissolution generally involves lower emotional strain, as it requires cooperation from both spouses. Still, even amicable separations can involve grief, disappointment, or anxiety about the future.
Ohio law does not require counseling or waiting periods beyond residency, but many individuals choose to speak with mental health professionals or mediators during this process to help reduce conflict and promote better decision-making.
Post-Decree Modifications and Enforcement
After a divorce or dissolution is finalized, circumstances may change. In Ohio, family law allows for post-decree modifications under certain conditions. These often involve:
Child custody or parenting time
Child support based on income changes
Spousal support if the decree allows future modification
Enforcement of court orders may also become necessary if one party fails to comply. This includes seeking contempt actions or wage garnishment for unpaid support.
Both divorce and dissolution orders carry the same legal weight, meaning the court can enforce them equally once entered.
Choosing between divorce and dissolution in Ohio depends on the specific facts and dynamics of each marriage. While both processes fall under the scope of family law, they differ in their structure, requirements, and tone.
Divorce is appropriate when cooperation is limited, and legal intervention is needed to resolve disputes. Dissolution works better when both spouses can agree on all terms and value a faster, less adversarial process.
Call Heckert & Moreland Co. LPA Today
Understanding how family law applies in each case allows individuals to make informed decisions. Whether through court litigation or mutual agreement, the ultimate goal remains the same: a legally recognized end to the marriage and a stable path forward for everyone involved. At Heckert & Moreland Co. LPA, we help clients pursue the right changes at the right time. We’re proud to serve Columbus, Ohio, and the surrounding areas. Call today.