Ending a marriage is never easy, but you have multiple options that can help you achieve your goals. In Ohio, couples typically choose between divorce and dissolution to legally end their marriage.
While both result in the same outcome (a terminated marriage), the path to get there can be very different. Each option has its own advantages and drawbacks depending on your circumstances. The sections below discuss the difference between divorce and dissolution and outline the pros and cons of each option.
What Is the Difference Between Divorce and Dissolution?
The main difference between divorce and dissolution in Ohio is whether the spouses agree on all the terms of the separation.
A divorce is often adversarial and can be lengthy. One spouse files a complaint against the other, and the court resolves disputed issues such as property division, child custody, child support, and spousal support if the parties cannot agree.
A dissolution is a cooperative process. Both spouses work together to negotiate and sign a full separation agreement before filing anything with the court. This agreement addresses all major issues, including finances and parenting arrangements. Once submitted, the judge reviews it and finalizes the case if everything is fair and lawful.
Pros and Cons of Divorce
Divorce is a formal court process that resolves disputes when spouses cannot agree, but it comes with both advantages and drawbacks.
Pro: Ability to Move Forward Without Agreement
Divorce allows one spouse to move forward even if the other party refuses to cooperate. If communication has broken down or one spouse is being unreasonable, divorce ensures the case can still proceed.
Pro: Court Oversight and Legal Tools
Divorce provides court oversight when there are serious disputes. Judges can issue temporary orders for child custody, support, or exclusive use of the marital home, which can be critical in cases involving domestic conflict, hidden assets, or power imbalances.
Formal discovery tools are also available, allowing attorneys to subpoena records, depose witnesses, and uncover financial misconduct if necessary.
Con: Time, Cost, and Emotional Impact
Divorce is typically more time-consuming and expensive than dissolution. Court hearings, motions, and trials can stretch a case out for months or even years. The process can also be emotionally draining and may negatively affect children and future co-parenting relationships. When a judge decides contested issues, neither party has full control over the outcome.
Pros and Cons of Dissolution
Dissolution is an alternative process designed for couples who can fully agree on the terms of ending their marriage.
Pro: Faster, Less Expensive, and Less Stressful
Dissolution is usually faster and less expensive because the parties already agree on all issues. In many cases, the court process can be completed in a single hearing.
This approach is also more private and less stressful, allowing couples to avoid public disputes and maintain control over the terms of their separation. It can help preserve a respectful relationship, which is especially important for parents who must continue to cooperate after the marriage ends.
Con: Requires Full Agreement and Careful Review
Dissolution requires complete agreement. If spouses cannot resolve even one major issue, such as child custody or property division, the process cannot move forward.
There is also a risk that one spouse may agree to unfavorable terms simply to avoid conflict or speed up the process, particularly if they lack legal guidance.
Contact the Columbus Divorce Lawyers at Atkins And Atkins, Attorneys At Law, LLC for Help Today
Choosing between divorce and dissolution can be complex. The right option depends on your ability to communicate with your spouse, the complexity of your assets, and whether children are involved. That’s where Atkins And Atkins, Attorneys At Law, LLC can help.
Our experienced Columbus divorce attorneys can evaluate your situation, explain your rights, and help you understand what each path truly involves. We can also negotiate fair terms in a dissolution or protect your interests during a contested divorce.
Contact Atkins And Atkins, Attorneys At Law, LLC today to schedule a confidential consultation to learn more about your legal options.
We serve all through Franklin County and its surrounding areas in Ohio. Visit our office at:
Atkins and Atkins, Attorneys at Law, LLC – Columbus Office
503 S Front St Suite 203, Columbus, OH 43215
(614) 485-8248
