In Ohio, one way spouses can end their marriage is through a dissolution. A dissolution is a non-adversarial process where both parties reach an agreement on all issues related to ending the marriage before anything is filed with the court. These issues typically include dividing property and debts, allocating parental rights and responsibilities when children are involved, determining child support, and in some situations, the payment of spousal support. Once agreements are reached, spouses will jointly file a Petition for Dissolution, along with a Separation Agreement and, and, if applicable, a Shared Parenting Plan, which outlines the agreed-upon arrangements for the physical care of the children, and outlining their financial commitments. The court’s involvement is minimal and usually limited to one final hearing where a magistrate confirms the parties entered into the agreement voluntarily and with a full understanding. The hearing can normally be held by Zoom and may take less than ten minutes. The court then issues a Decree of Dissolution, officially ending the marriage. What Are the Benefits of a Dissolution? One of the main advantages of a dissolution is that you and your spouse remain in control. Rather than leaving critical decisions to a judge with limited insight into your family’s dynamics, you and your spouse collaborate to develop personalized solutions that reflect your unique needs and circumstances. The dissolution process also tends to be more cooperative and less confrontational than traditional divorce. Because it emphasizes agreement and compromise, it often reduces emotional strain and promotes a more respectful resolution, which is especially important when children are involved. Without the stress of court appearances and ongoing litigation, couples are more likely to preserve a functional relationship post-separation. Dissolutions are also typically resolved more quickly and cost-effectively. With fewer documents to exchange, reduced court involvement, and a streamlined process, legal fees are often lower. Parties also set their own timeline, moving at a pace that works for them, rather than being subject to the court’s calendar or delays. How Do Spouses Reach Agreements? Before filing for a dissolution, spouses must resolve all key issues relating to property division, debts, parental responsibilities, child support, and spousal support if applicable. These agreements are formalized in a Separation Agreement and, if applicable, a Shared Parenting Plan. While these agreements are not enforceable court orders until a Decree of Dissolution is issued, they function as binding contracts between the parties in the interim. Some couples can sit down together, exchange ideas, and agree on terms without professional assistance. This approach can save time and cost, especially if the relationship is amicable and the issues are straightforward. In these cases, couples can obtain court forms online and fill them in. The risk is that these agreements can become problematic if issues arise in the future that are not addressed or are improperly addressed in their agreement. As lawyers, we would discourage people with children, real estate, retirement plans or spousal support from proceeding with a dissolution without consulting an attorney at least for basic advice. Mistakes can be made that are costly or irreversible.  More commonly, however, one or both spouses prefer the support of an attorney. Legal counsel can provide advice, review proposed terms, draft or revise documents, and represent their client’s interest in negotiations. A lawyer cannot represent both parties in a dissolution. This would be a violation of our professional disciplinary rules. It is most common that both parties are represented by different attorneys, but sometimes one party chooses to be unrepresented. One resource that parties can utilize to help them come to agreements is mediation. Mediation involves a neutral third party, often a trained attorney or mental health professional, who facilitates discussion and helps the spouses reach consensus. Mediation is facilitative, and fosters cooperation and communication, and is especially useful when parties disagree on key matters, such as parenting time or support. It can also reduce conflict and legal expenses by resolving disputes outside of court. Another resource available to parties is collaborative law, where counsel represents both parties, but they enter into a signed agreement that they have hired their lawyers to stay out of court , whereby if one party feels that court involvement is needed, neither lawyer can represent their client in litigation. When Might a Dissolution Be Inappropriate? A dissolution requires transparency and voluntary disclosure from both parties. If one spouse refuses to be transparent about finances or is hiding assets, a dissolution may not be possible. In those cases, a divorce may be necessary so the court can compel full disclosure through legal discovery. Urgent safety concerns can also make dissolution inappropriate. For example, if there are concerns about domestic violence, child safety, or one parent withholding the children, court intervention may be necessary to issue protective or temporary custody orders. Such interventions are only available in divorce proceedings. Dissolution may be impractical if one spouse is uncooperative or causing repeated delays. Because there are no court-imposed deadlines in a dissolution, one party can stall progress indefinitely. In such cases, a divorce may be required to move the process forward under the court’s supervision. The initiation of a divorce may be necessary if there is a need for immediate financial support or to prevent the dissipation of assets. It is important to know that spouses can begin with efforts to have a dissolution and later file for divorce if negotiations break down. Much of the work completed for the dissolution- such as financial disclosures and early agreements- can still be used to streamline a divorce proceeding. What Documents are Required for a Dissolution Documents differ from county to county but every county requires various forms, including sworn financial affidavits and various waivers. There is normally a checklist for every form required under various types of legal situations that are published in each county. Why Contact an Attorney Even if you and your spouse are in agreement, it is important to consult with an attorney. Legal guidance goes beyond simply drafting documents; an attorney will ensure that your rights are protected and that all necessary topics are addressed. Many people are not fully aware of the range of issues that must be resolved in a dissolution, and an attorney can help avoid costly mistakes or oversights. An attorney will help you navigate the legal landscape, clarify your options, and advise whether dissolution is appropriate or if a divorce may be necessary based on your circumstances. If you are uncertain, an attorney can provide insight into how the court may view your situation and what to expect under Ohio law. No matter what your family’s situation looks like, understanding your legal options is the first step. If you are considering a dissolution or want to explore your options, you may contact our office to schedule a consultation.

In many relationships, one person is historically the "spender" and the other is the "saver." In a divorce, the saver may be surprised to learn that the spouse had not established any savings, or worse yet, has acquired substantial debt during the marriage. As to the first scenario, if one party routinely invested in their retirement plan, and the other saved nothing, the good saver’s retirement assets earned during the marriage will be equally divided and there will be no consequence to the fact that the other party did not save. For the most part, courts divide the savings acquired during the marriage, and don’t penalize the person who didn’t save. A court is not responsible for deciding what could or should have happened during the marriage. A saver is not rewarded and a spender is not punished. Generally, debt incurred during the marriage is deemed marital debt regardless of whose name the debt is in and regardless of whether the debt was approved by or known by the other spouse. A very common example is when a spouse learns at the time of divorce that there is considerable credit card debt owed that he or she had no knowledge of. Using the same rationale as the example of one person who didn’t save for retirement, the law sees the debt as a shared responsibility. Had that person spent actual marital funds instead of incurring debt, there would be less assets to divide. Courts do not go back and decide if a person should have made certain purchases on their credit card, or lived beyond their means. Just as assets are shared, so are debts. However, if these financial choices are determined to be financial misconduct, the Court may compensate the offended spouse with a distributive award or a greater award of marital property in the final property division. The Court defines financial misconduct as "the dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of assets." Proving financial misconduct on your spouse's part is a high bar to reach. The Courts have previously ruled that "an implicit element of financial misconduct is wrongdoing." In other words, it's not enough for your spouse to have made financially irresponsible decisions or for you to not have been made aware of all those decisions during the marriage. Instead, the Court looks at whether the offending spouse meant to profit from the misconduct or meant to intentionally lessen what you would be distributed in marital assets. Another factor a court may consider in determining financial misconduct is the timeline of when the alleged misconduct occurred. The Court will look more suspiciously at financial actions if these actions coincide with a divorce filing or separation. In a similar vein, whether the spending in question was normal during the marriage is a factor the Court considers – if a spouse historically spent outside of the couples’ means during the marriage, then those spending habits are more likely to be deemed financially irresponsible, but not financial misconduct warranting a remedy from the Court. Determining whether your spouse's financial decisions reach the bar of becoming financial misconduct is a complex issue with many factors to consider. Speaking with an attorney about these issues can provide you with a helpful analysis.