The Top 3 Reasons to Choose Dissolution Over Divorce

July 1, 2016

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Ending a marriage in Ohio by going through the dissolution process can limit tensions and reduce expenses. To deliver those benefits, however, both partners must commit from the beginning to act respectfully, communicate honestly, and strive to build on points of agreement rather than exploit differences. When spouses observe those principles, dissolution has three distinct advantages. 

1. Marriage Dissolution Is Amicable 

Most people call a marriage dissolution a “no-fault divorce.” That is a bit of a misnomer, though, since filing for a traditional divorce requires one of the spouses to cite a reason for wanting or needing to end the marriage. Grounds for divorce include infidelity, abandonment, and abuse or cruelty. 

In a dissolution proceeding, both spouses state only that they both want to end their marriage. No fault is assigned, which allows a dissolution process to proceed from an amicable agreement that both people will benefit in the long run from no longer being married to each other. A divorce, on the other hand, starts with an accusation and can easily conclude with one or both parties feeling unfairly treated by a judge’s final ruling.

 2. Spouses Control Dissolution Proceedings 

In addition to starting from a point of agreement over the suitability of ending the marriage, a dissolution proceeds according to the rules and schedule set by the soon-to-be ex-spouses. Neither party even needs to file a divorce petition before starting to work toward a dissolution. The official county and state paperwork can be completed after all the details are settled. 

While parties to a marriage dissolution are often well-advised to work with Dublin, Ohio, divorce attorneys and to ask for assessments and evaluations from neutral experts, disclosures are made voluntarily instead of by subpoena. Also, proposals are made and modified by the parties instead of a judge or other third party, and negotiation sessions and other meetings are held when both parties have time rather than on deadlines imposed by a court. 

3. The Dissolution Process Yields a Mutually Agreeable Negotiated Settlement 

Spouses who pursue a dissolution must understand that they need to reach agreements over each issue presented by ending their marriage. These issues include, but are not limited to, 

  • Who will serve as the custodial parent?
  • What visitation and other rights will the noncustodial parent retain?
  • Will child support be paid? If so, on what schedule, and in what amount?
  • Will grandparents have visitation rights?
  • Who gets the pets?
  • How will financial assets, including investments and business holdings, be allocated?
  • Who will assume outstanding debts and pay the legal fees related to dissolve the marriage?
  • Will spousal support be paid? If so, on what schedule, and in what amount?
  • Who will keep the family home, or will real estate be sold? 

Consulting with an experienced Central Ohio divorce attorney will help spouses pursuing a marriage dissolution ask and answer all the necessary questions. And each must have an answer both parties can accept. Completing a dissolution requires presenting a legally binding contract to a divorce court judge. Both spouses must affirm their willingness to accept and abide by the terms of the contract in a court hearing, and a judge must certify that both parties have signed the final agreement. Terms of a dissolution agreement can be modified through later court hearings. 

The Ohio family law attorneys with Edward F. Whipps & Associates have helped many men and women achieve their best outcomes from a marriage dissolution. To learn if we can assist you, schedule a consultation online or call us at (614) 461-6006.



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