The realization that a marriage is no longer healthy or functional is often a painful one. People may struggle with the decision to end a marriage, as they began that commitment with the intention of having it last for life. Not only do people worry about judgment from others, but they may worry about the conflict and costs of a divorce. When spouses take their divorces to trial in family court, an Ohio family law judge decides how to divide their property and what happens with their shared children.
The adversarial nature of litigated divorces may convince some people to delay a divorce filing. However, there is actually an alternative option in some cases. People can request a marital dissolution from the Ohio family courts. Dissolution proceedings are faster, less contentious and often more affordable than litigated divorces.
Dissolution requires an uncontested filing
Some couples may have already paved the way for a marital dissolution without realizing it. When spouses have prenuptial or postnuptial agreements, their marital contracts can guide the divorce process. They may have already set terms for property division and other key matters so that litigation is not necessary. They can use the terms set in their marital contract to allow for an uncontested filing.
But, couples don’t have to have a pre-existing agreement to settle their own divorce matters outside of court. Direct negotiations, communications between their lawyers or even mediation sessions could give spouses a chance to settle their disagreements. If they can reach their own solutions for property division, custody and financial support disagreement, they can file paperwork for an uncontested divorce. Any spouses who can resolve their disagreements about divorce concerns could potentially proceed with dissolution proceedings instead of a litigated divorce.
Even those who initially file a request for a litigated divorce could convert their filing to a dissolution in many cases. Although it can take extra time and possibly some secondary investments to settle matters related to the divorce, doing so can take a lot of the conflict and stress out of court proceedings. As such, learning more about the different ways to end a legal marriage in Ohio may benefit those who believe they are on the cusp of divorce.