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What is the difference between a divorce and a dissolution?

What is the difference between a divorce and a dissolution?

In Ohio a marriage contract can be terminated by a divorce or a dissolution.


When a marriage breaks down and the parties agree to terminate the marriage, they may agree to multiple things: (a) the grounds for the divorce, (b) the division of marital property, (c) the division of marital debts, and (d) the allocation of parental rights and responsibilities for the parties children.  When the parties agree, they may jointly go to the Court and request a dissolution.


On the other hand, parties may find themselves incompatable, disagreable, and unable or unwilling to cooperate with one another. Perhaps one party routinely overspent, there was infidelity, one part is too harsh on the children, one marital party is abusive of the other (verbally or physically), but one party decides to file for a divorce.  This party can file for divorce and the divorce is inevitable.

(A party cannot prevent their spouse from obtaining a divorce, although it can sometimes be delayed).

What are grounds for divorce?

No Fault.  The only true "no fault" grounds for divorce permitted by Ohio is "living separate and apart for one year without interruption and without cohabitation" and incompatibility not denied by either party.  Ohio R.C. 3105.01 (J).

Otherwise, there are several statutory grounds for divorce, including the following, pursuant to Ohio R.C. 3105.01:

  (A)  Bigomy. Either party had a husband or wife living at the time of the marriage from which the divorce is sought;

  (B)  1 Year Absence. Willful absence of the adverse party for one year;

  (C)  Adultery;

  (D)  Extreme cruelty;

  (E)  Fraudulent contract;

  (F)  Any gross neglect of duty;

  (G)  Habitual drunkenness;

  (H)  Imprisonment.  Imprisonment of the adverse party in a state or federal correctional institution at the time of    

         filing the complaint;

  (I)   Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is

          released from the obligations of the marriage, while those obligations remain binding upon the other party;

  (J)   Living Separate and Apart.  On the application of either party, when husband and wife have, without interruption

         for one year, lived separate and apart without cohabitation;

  (K)  Incompatibility, unless denied by either party.


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