Ohio Divorce Law Questions and Advice

Answer Option 1:

Question Submitted by Customer: “What is the difference between a divorce, dissolution and an annulment? Which one should I file?”

Answer: This is one of the most popular questions people ask when seeking legal information and legal advice. It ranks right up there with legal questions about child custody. When a husband and wife decide they no longer want to be married, they have to choose how they wish to end their relationship. Perhaps the most efficient way, in terms of time, effort, and epense, is dissolution. In dissolution, the married couple agrees that they want to terminate their marriage. They then sit down together and work out things such as child custody, child visitation, spousal support, division of assets, division of liabilities, etc. Then, they put the terms into a legal document, called a separation agreement. This gets filed with the Ohio court, along with a Petition for Dissolution. Once it is filed, a hearing will be set. At the hearing, the judge makes sure everyone was treated fairly, and will either grant or deny the dissolution. When filing for dissolution, the parties must agree to the terms of their agreement both when they sign the separation agreement, and when they come to court. If they don’t agree when they come to court, the dissolution must be converted to a divorce.

In Ohio, a divorce gets filed when the husband and wife cannot agree to the things listed above. Then, the judge has to decide who gets what, such as property, custody of children, etc. The thing people have to consider is do they want to decide the outcome of the termination of their marriage, or do they want the court to decide. If the court decides, the couple may not think the right decision was made. Then, if they want to change the court’s decision, they must file a motion with the court and have another hearing.

What is an annulment? An annulment refers to a process used by the Catholic Church to terminate a marriage in the eyes of the church. Just because you end a marriage through the court system, it has nothing to do with how the church views your marriage. In fact, in the eyes of the church, you are still married. In order to terminate the marriage religiously, you have to file for an annulment through the Catholic Church. There is a lot of paperwork to fill out, and a fee involved ($750 or so). Once you pay the fee and file the paperwork, it is sent to a tribunal. The tribunal reviews your information, and will typically grant a divorce through the church, even though you have already gotten a legal divorce.

My legal advice is that you and your spouse need to evaluate your relationship. If you can agree on everything, file the dissolution. If you’re not going to be able to agree, or you don’t know where your spouse is, you’ll have to file the divorce. For the annulment, are you Catholic? If so, and you want your divorce to be recognized by the church, you’ll have to file for an annulment.

Answer Options 2 and 3: The answer above and a follow up question.

Sample Follow Up Question Submitted by Customer Relating to the Above Answer: “Now I understand. Well, I don’t know where my spouse has moved to. I have to serve them with the divorce papers. I have no way of getting in contact with him/her. What do I do?”

The court needs to make sure you served your spouse with the divorce papers. This way, they know why they have to come to court. You need to file for divorce. Dissolution obviously won’t work, because you both would have to agree to everything. Not knowing where your spouse is would obviously make this impossible. You should try to get in contact with your spouse’s relatives. They should know where he/she is. I doubt they have fallen off the face of the earth. If there are no relatives, or you don’t have their phone numbers or addresses, look for friends who might know your spouse’s whereabouts. You could send a letter to him/her at their place of employment. You could send a letter to their last known address, and maybe it would be forwarded to their new address. If you are unsuccessful, tell the clerk’s office at court. They can do service by publishing their name and the hearing date in the local newspaper.

Answer Option 4: Answer option 2 or 3, with another follow up question.

Sample Follow Up Question Submitted by Customer Relating to the Above Answer: “I plan on filing right away. Do you have the forms I need?”

No, I don’t, because each city may require different forms. My advice is to check online. Or, what may be just as easy, call the domestic clerk in the city in which you’ll file. Ask them if they have the forms in the office, or if they can direct you to a place online you can get them. If that doesn’t work, check to see if the courthouse has a law library. Most do. Talk with a librarian, and ask them if there are any books that have the forms in them, and make copies. That’s the best Ohio legal advice I propose for your legal questions.

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