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In Ohio, divorces not always ‘divorces’

How can a title like the one for this post be true? It can because of differences in how the term divorce is used in society in general and within Ohio family law.

In general language, divorce is typically used to describe any legal ending of a marriage before death.

However, here in Ohio, there are actually two different processes through which a marriage can be legally brought to an end before death. One is divorce. The other is dissolution. So, in Ohio family law, divorce is not the general ending of a marriage, but rather one specific type of process in which a marriage can be legally broken up.

Under state law, there are many differences between the divorce process and the dissolution process. One involves fault. No showing of fault is needed for dissolution. On the other hand, for a divorce, a fault ground generally needs to be given. There is also a difference in the necessary level of agreement between the parties when it comes to these two ways of ending a marriage.

Thus, whether they are going through a divorce or dissolution can have significant implications for an Ohio individual seeking to end a marriage.

As this underscores, terminology can matter greatly when it comes to family law cases. Now, the difference between how a term is used by society in general and how it is used in family law proceedings can have the potential to create some confusion for individuals who are going though such proceedings. Shining clarification on potential areas of confusion in family law matters is among the types of help skilled family law attorneys can provide.

Source: FindLaw, “Ohio Divorce Laws,” Accessed Oct. 11, 2016

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