Divorce, Dissolution, and Uncontested Divorce
Divorce or Dissolution?
What is the Difference between Divorce and Dissolution?
Contested Divorce: Contested Divorce is the process of terminating the marriage and begins like all lawsuits; one party files a complaint (the plaintiff) against their spouse (the defendant). When the complaint is filed the case is assigned to a judge and generally a magistrate. The defendant files an answer and counterclaim against the plaintiff. Where there are issues that cannot be decided or agreed upon by the parties the Court will make the decisions. This process is the longest and usually costs more in attorney fees.
Uncontested Divorce: Uncontested Divorce is a termination of the marriage and the parties agree on all issues related to the ending of their marriage. This means all disputes are resolved outside of the courtroom. Like in a divorce action the plaintiff files a complaint but because it is uncontested the defendant does not need to file an answer. The court sets a hearing date approximately 28 days after the complaint is filed. An uncontested divorce is used in the situation where the defendant has moved out of state and is uninterested in returning for the hearing. If defendant chooses not to return for the hearing the plaintiff must bring a witness. The uncontested divorce usually takes less time and is less costly than the litigation in a contested divorce, but can be more time consuming and more costly than dissolution.
Dissolution: Dissolution is also a termination of the marriage in which the parties file their written separation agreement (and a shared parenting plan, if there are minor children) with the court along with a petition asking the court to dissolve the marriage. Unlike divorce the parties are referred to as petitioners. The court then holds a final hearing acting on the parties’ petition no less than thirty days and no more than ninety days after it is filed. Both petitioners must be present at the final hearing. An advantage of dissolution is the parties can be relatively certain of the outcome and it is usually less expensive and faster than either type divorce.
At your first meeting, we will discuss your situation and what outcome you desire, try to determine which options are available to you, which options fit your needs and discuss the cost of those options.
Annulment? Why annulment is probably not an option
An annulment is a legal declaration that a marriage is invalid from the start, treating it as if it never legally existed. In Ohio, an annulment is a court judgment that declares a marriage void or voidable, meaning the marriage is legally treated as if it never occurred. Unlike a divorce, which ends a legally valid marriage, an annulment erases the marriage from a legal standpoint.
Legal Grounds for Annulment: Ohio law (Ohio Revised Code § 3105.31) specifies several grounds for annulment:
1. Underage Marriage: One party was below the legal age of consent (18 for men, 16 for women) without proper parental or court approval, unless the couple continued cohabiting after reaching the legal age.
2. Bigamy: One party was already legally married to someone else at the time of the marriage.
3. Mental Incompetence: A party was adjudicated mentally incompetent at the time of marriage, unless competency was later restored and the couple cohabited.
4. Fraud: Consent to the marriage was obtained through fraud, unless the defrauded party continued living with the other spouse after discovering the fraud.
5. Force or Coercion: Consent was obtained by force, unless the parties continued cohabiting voluntarily afterward.
6. Non-Consummation: The marriage was never consummated, even if otherwise valid.
Some marriages are automatically void, such as incestuous marriages or marriages where one spouse is already married, but filing a court case may still be necessary to obtain a formal decree.