Pros and Cons of Divorce and Dissolution
In Ohio, couples who wish to end their marriage have two options: dissolution or divorce. Both dissolution and divorce have their pros and cons, and the decision of which to choose should be based on the individual circumstances of the couple. In this blog post, we will explore the advantages and disadvantages of dissolution and divorce under Ohio law.
Dissolution
Dissolution is a legal process in which the parties agree to end their marriage and resolve all issues related to property division, child custody, and support without going to court. Dissolution is typically less expensive and less time-consuming than a divorce, and it allows the parties to maintain more control over the outcome of their case. Some of the pros of dissolution include:
Less expensive: Dissolution is generally less expensive than a divorce because the parties can avoid the costs of litigation, such as court fees and attorney fees.
Faster: Dissolution can be completed in as little as 30 days, compared to the months or even years it can take to complete a divorce.
More control: The parties have more control over the outcome of their case because they can work together to negotiate a settlement agreement that meets their needs.
Less contentious: Dissolution can be less contentious than a divorce because the parties are typically able to work together to reach an agreement.
Despite these advantages, there are some drawbacks to dissolution. Some of the cons of dissolution include:
Limited grounds: In order to file for dissolution in Ohio, both parties must agree that the marriage is irretrievably broken. If one party does not agree, the couple must file for divorce instead.
No contested issues: Dissolution is only appropriate if the parties have resolved all issues related to property division, child custody, and support. If there are any contested issues, the couple must file for divorce instead.
No discovery process: In a dissolution, there is no formal discovery process, which means that the parties may not have access to all of the information they need to make informed decisions about their case.
Divorce
Divorce is a legal process in which the court decides how to divide the couple's property and resolve issues related to child custody and support. Unlike dissolution, divorce can be contested, which means that one or both parties may disagree on issues related to property division, child custody, and support. Some of the pros of divorce include:
More grounds: In Ohio, divorce can be based on a variety of grounds, including adultery, extreme cruelty, and gross neglect of duty.
Formal discovery process: In a divorce, both parties have access to the formal discovery process, which allows them to obtain information about the other party's finances and other relevant information.
Court involvement: The court plays an active role in a divorce, which means that the parties have the benefit of a neutral third party to help resolve any issues they are unable to agree on.
Despite these advantages, there are some drawbacks to divorce. Some of the cons of divorce include:
More expensive: Divorce can be more expensive than dissolution because it involves court fees, attorney fees, and other costs associated with litigation.
More time-consuming: Divorce can take longer to complete than dissolution, which means that the parties may have to wait months or even years before their case is resolved.
Less control: The court has the final say on how to divide the couple's property and resolve issues related to child custody and support, which means that the parties have less control over the outcome of their case.
In conclusion, both dissolution and divorce have their pros and cons, and the decision of which to choose should be based on the individual circumstances of the couple. Dissolution is generally less expensive, faster, and allows the parties more control over the outcome of their case. If you would like a consultation, please contact us!