Divorce or dissolution: which fits your situation?

People often use the two words as though they meant the same thing. In Ohio they are separate procedures, and the first decision in ending a marriage is which of them to use.

Dissolution: agreement first, court second

In a dissolution, the spouses settle everything before anything is filed: how property and debts are divided, whether either will pay support, and, if there are children, where they will live and how decisions about them will be made. The terms are written into a separation agreement, and both spouses sign it.

The agreement is filed with a joint petition. The court holds one short hearing, between thirty and ninety days later, at which both spouses confirm that they understand the agreement and still want it. If the judge is satisfied, the marriage ends that day.

Divorce: the court decides what you cannot

A divorce begins when one spouse files a complaint. The other is served and has twenty-eight days to answer. The court can make temporary orders about the children, the house and the bills while the case is pending.

Most divorces still end in agreement, often after financial records have been exchanged and each side has a clearer view of the other's position. What cannot be agreed is decided by the judge after a hearing.

How to tell which fits

• If you both want the marriage to end and can talk through the terms, a dissolution is usually quicker and less costly.
• If you agree on most things but are stuck on one or two, mediation may close the gap and keep a dissolution possible.
• If one spouse will not take part, is hiding money or cannot be found, a divorce is the only route.
• If you need orders now, for example about the children or about who pays the mortgage, only a divorce can provide them.

One caution about agreement

A dissolution works only if both spouses understand what they are agreeing to. An agreement signed quickly to get it over with can be very hard to change later, particularly on property. It is worth having the agreement reviewed by your own lawyer before you sign, even when relations are good.