Deciding to end your marriage is one of biggest decisions you will ever make. It’s a stressful and emotional process in itself without having to worry about the legal aspects of it. Most people are unfamiliar with the divorce process and the options available to them. The attorneys at The Meranda Law Firm can help alleviate some of your stress by helping you work towards an amicable resolution as quickly and economically as possible.

The Divorce Process
A divorce is the way in which the court terminates the marriage contract and both parties are released from their marital obligations. Either a husband or wife may file a complaint for divorce in the domestic relations division of the local common pleas court or, if there is no domestic relations division, in the general division of the common pleas court. All grounds for divorce in Ohio are fixed by the statutory laws. The court may grant a divorce for the following causes:

• Either party had a husband or wife living at the time of the marriage from which the divorce is sought.
• Willful absence of the adverse party for one year.
• Adultery.
• Extreme cruelty.
• Fraudulent contract.
• Any gross neglect of duty.
• Habitual drunkenness.
• Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint.
• 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.
• When husband and wife have, without interruption for one year, lived separate and apart with cohabitation.
• Incompatibility, unless denied by either party.

A divorce can be simple or complex, it primarily depends on the parties and issues related. There are four primary issues that must be decided before a divorce is granted:

• Division of Property and Debts,
• Spousal Support or Alimony,
• Allocation of Parental Rights and Responsibility, and
• Child Support.

If parties are unable to agree and settle all matters regarding these issues the filing of a complaint for divorce should be considered, for the matter is "contested." A contested divorce must go to trial before a judge and the parties are asking the judge to make a decision for them. However, upon initial filing if the spouses can agree on all these issues, they will typically obtain a dissolution or un-contested divorce.

Dissolution Process
A dissolution process has the same legal effect as a divorce in that the marital contract is terminated and both parties are released from their marital obligations. A dissolution is a non-adversarial proceeding where the husband and wife both file a joint petition requesting the court to grant relief, namely, that their marriage be terminated. In a dissolution of marriage, all negotiations occur between the spouses and their attorneys without court intervention. A dissolution can also be less expensive then a divorce.

A petition of dissolution must be signed by both spouses and must have attached and incorporated a separation agreements agreed to by both spouses. The separation agreement must provide for a division of all property and debts, determine whether spousal support or alimony will be paid, if there are minor children of the marriage, the allocation of parental rights and responsibilities must be determined, as well as, child support issues.

A joint petition for dissolution of marriage must be filed in the domestic relations division of the local common pleas court or, if there is no domestic relations division, in the general division of the common pleas court.

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