Cost of Dissolution in Ohio:- Long-drawn-out, costly court fights are not necessary for a divorce. In Ohio, dissolving your marriage can be done more quickly and easily. To use the state's expedited process, known as "dissolution of marriage," or just dissolution, you must, however, fulfil a few prerequisites.
Legal separation, divorce, and dissolution of marriage are the three options Ohio law gives a husband and wife to terminate or modify their marriage.
What does a marriage dissolve mean?
When both partners voluntarily end their marriage, it is called a dissolution of marriage. In order to dissolve a marriage, neither party must provide evidence. After the husband and wife have signed a separation agreement covering all property, spousal support, and any child-related matters, a joint dissolution petition is filed.
The court must hear the parties’ case within 90 days of the petition’s filing, and the parties must wait at least 30 days after filing before the court does so.
During the hearing, the judge will go over the terms of the separation agreement, inquire about the parties’ understanding and satisfaction with the settlement, as well as their assets, liabilities, and any parenting concerns.
What does a divorce mean?
A divorce is a legal action taken in civil court to dissolve a marriage. The parties request that the court render definitive judgements on issues pertaining to the children, spousal support, and property distribution.
To initiate a divorce, one spouse, known as the plaintiff, files a complaint with the court clerk. Plaintiff is required to assert and ultimately demonstrate the proper statutory grounds for divorce in the lawsuit. Talk to your attorney about the facts and the statutory grounds.
A copy of the complaint and a summons are “served” to the defendant, who is the other spouse, by the court clerk. Usually, service is provided by personal delivery or certified mail. A legal notice will appear in a newspaper if it is unknown where the defendant resides.
How much does Ohio require for a dissolution? (Cost of Dissolution in Ohio)
The filing cost for a dissolution of marriage varies from county to county (and is usually higher if you have children), but it commonly ranges from $150 to $400. Usually, you and your partner will divide the price. You may, however, submit a request to have the cost waived if you are unable to pay.
What is the cost of a simple divorce in Ohio?
Your divorce cost may be a fixed price if you have an agreed-upon, uncontested divorce, or dissolution; the amount usually ranges from $1,300 to $3,000.
Which Ohio divorce procedure is the least expensive?
In Ohio, if you and your partner have chosen to end things, the simplest, fastest, and least expensive ways to do it are through an uncontested divorce or a dissolution of marriage.
In Ohio, How Is a Dissolution of Marriage Different From a Divorce?
The phrases “dissolution” and “divorce” are interchangeable and have similar meanings in many states. In Ohio, however, this is not the case. In this state, dissolution of marriage terminates the marriage and has the same legal and practical consequences as divorce.
However, there are important distinctions between dissolution and divorce in Ohio with regard to the prerequisites, processes, and advantages, such as:
Agreement. In Ohio, a divorce requires you and your spouse to reach a consensus on all matters pertaining to the dissolution of your marriage (more on that below). In most other states, this kind of process is referred to as a “uncontested divorce” for this reason. In order for a judge to settle your problems in an Ohio divorce (commonly referred to as a “contested divorce” in other states), you will have to endure frequently drawn-out court hearings and eventually a trial.
Easy and fast. You can avoid taking many of the steps necessary to file for divorce in Ohio by filing for a dissolution. You can employ an online divorce agency if you need assistance with the paperwork. Furthermore, a dissolution can almost always be completed far faster than a divorce.
Price. Rather than paying to file separate documents for each of you, you and your spouse can split the filing fee (described below) when you apply for a dissolution. In addition, you can likely obtain a dissolution on your own without the need for attorneys, saving much more money on the typical divorce expenses.
In Ohio, who is eligible for a dissolution of marriage?
In Ohio, filing for a dissolution requires both the agreement and the state’s residency requirement.
Ohio’s Mandatory Residency Criteria for Dissolution
Before filing the initial papers for a divorce, you or your spouse must have been a resident of Ohio for at least six months (Ohio Rev. Code § 3105.62 (2022).)
Agreement for Separation in Ohio for Dissolution
A formal marital settlement agreement, also referred to as a “separation agreement” in Ohio, between you and your spouse is required in order to be eligible for an Ohio dissolution. This agreement must include the following provisions:
property split, debt distribution, alimony (referred to as “spousal support” in Ohio), and, if you have minor children, the distribution of parental rights and obligations, such as physical and legal custody, a comprehensive parenting (visitation) schedule, and child support.
You can also allow a judge to amend the property and spousal support clauses in the future by including a modification in your agreement. [Ohio Rev. Code § 3105.63 (2022)]
What’s the process for filing for an Ohio dissolution?
The Ohio Judicial System website offers the typical court forms for a divorce of marriage for download.
The Petition for Dissolution of Marriage and Waiver of Summons is the primary form. The petition will be completed and signed by both of you. Your signed settlement agreement and all other supporting documentation must be attached. If you plan to file, it’s a good idea to inquire about any additional forms or requirements that the county may demand from the court clerk’s office.
Another alternative is to use an online divorce agency, which will give you the forms already filled out.
You will file the petition and supporting documents with the Court of Common Pleas in the county where either of you has resided for the previous ninety days, since Ohio views both spouses as “plaintiffs” in a dissolution process. Rule 3(C)(9) of the Ohio Rules of Civil Procedure and Ohio Rev. Code § 3105.62 (2022). You may be able to file anyplace in Ohio with your spouse’s approval if neither of you can complete the 90-day minimum in any county; find out where you can file by contacting the court clerk’s office.
The filing fee for a dissolution of marriage varies from county to county (and is usually higher if you have children), but it commonly ranges from $150 to $400. Usually, the cost is divided between you and your spouse.
However, you have the option to request that the cost be waived if you are unable to pay. You won’t be required to pay additional fees for serving the petition or filing an answer to the dissolution petition because those processes are not required.
How Much Time Does It Take to Finalise an Ohio Dissolution of Marriage?
The length of time it takes you and your spouse to create a separation agreement is mostly up to you. When you have more (or more complicated) disagreements to resolve and when one or both of you are resistant to making concessions, the process may take longer.
Following the agreement and filing of your dissolution documents, there will be a minimum 30-day waiting period before the hearing. However, the hearing must be scheduled by the court ninety days following the filing date.
You and your spouse must both appear at the hearing and affirm to the judge (under oath) that the arrangement was consensual, that you both want the marriage dissolved, and that you are satisfied with it. The final dissolution decree will be signed by the judge once she has approved your agreement and reviewed the parenting plan to make sure it is in the best interests of your children. The judge will have the authority to impose your agreement as a court order because it will be a part of the decree. (Ohio Revised Code 2022, § 3105.64, 3105.65).