Divorce Versus Dissolution - Dennis B. Dahlberg

 When a couple desires to bring their marriage to end, there are two forms in which a marriage typically can terminate under Ohio law: divorce or dissolution.  A divorce can proceed in one of two ways.  The first is Uncontested.  If a divorce case is uncontested, it means that the Plaintiff filed the Complaint and service was perfected by certified mail, personal service or publication and the Defendant failed to file an Answer, or that the parties have reached an agreement regarding all issues in the case.

If the case is uncontested, you may request a hearing date more than 42 days of filing if service has been waived, or 42 days after the date of service.  If service was made by publication, you must wait 10 weeks from the date of the first publication before you can have a hearing.

 The second is Contested.  If a divorce is contested, it means that the Plaintiff filed the Complaint and the Defendant filed an Answer and possibly a Counterclaim.  There is at least one issue which the parties cannot resolve and the Court must decide.  Most cases that start out as contested usually end up being uncontested.

Dissolution of Marriage is where the parties are able to come to an agreement regarding all issues, including a complete division of property and debts, parental rights and responsibilities and spousal support.  The parties must execute a Separation Agreement which is basically an enforceable contract as to how the parties will terminate their marriage.  The Separation Agreement becomes a Court Order when the Court signs a Decree of Dissolution.

If you are doing either a divorce or dissolution with children the Court requires the parties to attend a Parenting Seminar prior to the final hearing.

We would appreciate the opportunity to discuss your family law and domestic relations needs with you, and we stand ready to assist you in your current and future needs.  Please feel free to contact one of our attorneys for a free consultation at 614-670-8103, or visit us at www.dsflawfirm.com.

Dennis B. Dahlberg, Esq.