Divorce vs. Dissolution
Deciding between divorce and dissolution? Learn the difference between divorce and dissolution in Ohio and how to decide which is best for you.
There are two ways to legally end a marriage in Ohio: dissolution and divorce. Both will end up with the same result: You are no longer married. The difference is in the court process.
A dissolution requires you and your spouse to agree on everything before you file. With a divorce, a judge will make decisions for you if you cannot agree with your spouse.
Legal separation does not legally end your marriage. It just allows you and your spouse to put legal agreements in place about how you will handle no longer living together. Some people choose legal separation because they don't want to divorce for religious or other reasons. You do not have to be legally separated before you file for divorce or dissolution.
What's the difference between Dissolution and Divorce?
Dissolution
A dissolution is sometimes called an "uncontested" way to end your marriage. It's usually faster than a divorce, but it requires full agreement between you and your spouse. To get a dissolution:
- Complete the steps together. You both must agree on everything that will happen after the marriage ends. Decide how you will handle custody and visitation of children, child support, spousal support, dividing up your property and debts and anything else.
- Expect it to take 1-3 months. A dissolution is faster and may be less expensive than divorce. You can usually end your marriage in about 1 to 3 months after filing for dissolution.
- Agree on everything. If you and your spouse start to disagree about any of the terms after you file, you may need to start over with a new dissolution or a divorce.
Learn more about the process for dissolution, or start the process to file for dissolution.
Divorce
Divorce is the most common way to end a marriage. To get a divorce:
- File and "serve" your divorce papers. You and your spouse do not have to work out the terms of the divorce before filing. You don't have to agree on everything. One person files for divorce and "serves" the divorce papers to the other person. The other person has a chance to file an answer.
- Plan for 4-12 months or longer. Divorce takes longer than a dissolution and can be more expensive. It can take 4 months to a year or more to complete all the steps of a divorce. You can request temporary orders if you need an immediate decision on something important, like who will pay the bills before the divorce is finalized.
- Go to hearings to discuss terms. Attend any hearings the court schedules in your case. The number of hearings will depend on how many issues you can't agree on.
- Follow the final divorce order. The judge will decide anything that you and your spouse can't agree on. However, they might make decisions that neither one of you likes.
Learn more about the process for divorce. Or start the process to:
Legal separation
Legal separation does not legally end your marriage. Legal separation is much less common than divorce or dissolution. With a legal separation:
- You still will be married. The process and forms for legal separation are very similar to the process and forms for getting a divorce. The difference is that you will still be married after you get a legal separation.
- Plan for 4-12 months or longer. It can take 4 months to a year or more to complete all the steps of a legal separation.
- Follow the separation agreement. The final separation agreement explains how you will live while separated but still married. You must follow the terms of the agreement.
Some people who get a legal separation later decide to get a divorce or dissolution to legally end their marriage.
How to choose between dissolution and divorce
The decision to end your marriage is a significant one. Any option will take time and energy. You will need to provide lots of forms and information to the court.
If you want to stay married but live separately, a legal separation can set the terms of how you will live separately.
If you want to legally end your marriage, you almost always need a dissolution or a divorce.
When you decide between divorce and dissolution you need to think about:
- Can you and your spouse agree on everything? To get a dissolution, both spouses will need to agree on every element of ending your marriage. You will present a written version of this agreement to the judge or magistrate who will review your proposed plan. If you are getting divorced, the judge or magistrate will make decisions on the issues that you do not agree on.
- Timeline. Getting a dissolution typically takes between 30 and 90 days. Getting a divorce can take longer, anywhere from 4 months to a year or more.
- Fault or grounds. When you file for dissolution, you do not have to give the court "grounds" or legal reasons to end your marriage. When you file for divorce, you must select at least one of the legal grounds for divorce under state law. This can include incompatibility, gross neglect of duty, willful absence or living separate and apart without cohabitation for at least a year.
- Can you both attend the final hearing? If you file for dissolution, both spouses must appear at the final hearing. If your spouse is not able to attend the hearing, your dissolution will not be finalized. If you file for divorce and successfully complete service, your divorce can be finalized without your spouse attending the hearing. If you and your spouse disagree, you may have to show your side of the story at a court hearing. This can be complicated. In a divorce, it can be very useful to have a lawyer.
Dissolution may be a good option if you and your spouse can agree on everything and you can both attend the hearing. Dissolutions can be faster and less expensive. However, if you can't agree or if both of you can't attend the hearing, you should consider filing for divorce.
How to get help ending your marriage
If you’re thinking about ending your marriage, it can be very helpful to find a lawyer. A lawyer can help you better understand your options. If you can’t afford a lawyer, other resources may be able to help you.
Use Ohio Legal Help's form assistants
Use our step-by-step interviews to find and complete the forms you need:
Check court self-help centers
Divorce, dissolution and legal separation cases are filed in your county domestic relations court.
In Ohio, some domestic relations courts have self-help centers or navigators who help people who don’t have a lawyer. Court staff can’t give you legal advice, but they can explain the process and procedures for divorce, dissolution or legal separation in your county.
If you're in one of the following counties, go to one of our Virtual Self Help Centers to complete your forms online and get detailed information about your county’s procedures:
- Cuyahoga County: Cuyahoga County Domestic Relations Virtual Self Help Center
- Montgomery County: Montgomery County Domestic Relations Virtual Self Help Center
- Lorain County: Lorain County Domestic Relations Virtual Self Help Center
Each center provides guided forms and county-specific instructions to help you navigate the court process.
Find a lawyer
It’s always useful to have a lawyer, and sometimes you really need one. If your case is complicated or you’ve experienced domestic violence, it can be especially important.
Look for a divorce lawyer or a lawyer who has experience in family law or domestic relations.
Some ways to find a lawyer include:
- Check your local bar association. Your county or city likely has a bar association, or a professional organization for lawyers. The bar association may have a “find a lawyer” or “lawyer referral service” to help you connect to a local lawyer. Go to Legal Help and Lawyers on this page to find a bar association in your county.
- Search the Ohio State Bar Association’s directory. You can find a directory of lawyers in Ohio through the Ohio State Bar Association. Search the OSBA’s attorney directory. Select the practice area “Family Law/Domestic Relations” for a list of lawyers who have experience in divorce or family law.
- Contact your local legal aid. You may be able to get help from your local legal aid. Legal aid assists low-income Ohioans in civil matters. To find your local legal aid, use our Find Your Legal Aid tool or go to Legal Help and Lawyers.