Toledo Divorce Attorney

Experienced Divorce Lawyers Serving Lucas County

If you are struggling because your marriage has reached its breaking point, admitting that you’re ready to start a new chapter may be more challenging than expected. Even when both parties agree, finalizing a divorce can still present challenges. In Ohio, you can end your marriage in two primary ways: divorce or dissolution. Every marital relationship is unique, meaning there isn't a single correct method to terminate it. 

At Smith & Smith Law Office, LLC, our seasoned divorce lawyers in Toledo can help you choose the best path for you and your loved ones. With a thorough understanding of Ohio family law, our divorce lawyers can significantly aid your decision-making. Our experienced attorneys can guide you through these proceedings and provide assistance to ensure you are making informed choices. We can examine your situation and discuss how to streamline your divorce or dissolution so you can finalize your divorce efficiently and with minimal stress.

If you’re ready to proceed with a divorce in Ohio, contact our Toledo divorce attorneys at (419) 842-4629.

What Is a Dissolution of Marriage?

In Ohio, a dissolution of marriage serves as an alternative to traditional divorce proceedings. This process is typically faster and involves less conflict, making it a preferred choice for many couples seeking to end their marriages amicably.

When pursuing dissolution of marriage, both spouses must jointly file a petition requesting the court to terminate their marriage. Unlike a divorce, there are no grounds required for a dissolution, meaning neither party must prove wrongdoing on the part of the other. This allows a more straightforward and collaborative approach to ending a marriage.

For the dissolution process to proceed, finalizing a separation agreement is a critical step. A separation agreement outlines the terms of the dissolution, including aspects such as division of property, child custody arrangements, and spousal support. Both parties must sign the agreement, indicating their mutual consent to its terms.

Following the filing, spouses must attend a final hearing in domestic relations court. During this hearing, the court reviews the separation agreement and, if approved, grants the dissolution, effectively terminating the marriage.

Therefore, the dissolution of marriage in Ohio presents a more straightforward, quicker, and often less contentious path to ending a marriage, as long as both parties can agree on all terms of their separation. It's an ideal option when both parties wish to resolve their differences outside of court.

Understanding the Requirements for a Dissolution of Marriage in Ohio

The dissolution of marriage process in Ohio varies greatly from case to case, offering flexibility while maintaining specific legal criteria. Generally, the timeline can span anywhere from six months to a year, depending on each situation's unique circumstances.

• Under Ohio divorce laws, at least one spouse involved in the divorce must have been an Ohio resident for six months before filing. Additionally, the divorce petition must be submitted in the county where one of the spouses has been living.
• The initial step in this process involves one spouse filing a formal legal complaint, citing the reasons or grounds for the divorce. 
• Following this, the other spouse must file a response, which can also include a counterclaim for the divorce.
• As the process unfolds, both parties must attend court sessions typically scheduled every 30-60 days. These are pretrial conferences, during which possible settlement agreements are negotiated.
• The process proceeds to a contested hearing if an agreement cannot be reached during these conferences. This hearing occurs before a judge or magistrate, who will then make a ruling on the divorce decree. The decree will address important issues such as the separation of property and finances and determining parenting time and support for any children involved.

Navigating through the complexities of either the Ohio divorce or dissolution of marriage process can be challenging. That's why our team of experienced Toledo divorce lawyers is dedicated to providing the guidance and support you need every step of the way, whatever family law process you embark on.

Toledo Dissolution of Marriage Timeline

According to Ohio law, dissolution is different from a traditional divorce. In addition to being a markedly shorter process, it requires agreement between the separating parties.

While every case is unique in its complexities, the procedure generally follows a set pattern: 

• Both spouses agree on all terms of their separation and jointly file a Petition for Dissolution of Marriage.
• The petition includes detailed agreements on property division, child custody, spousal support, etc.
• After filing, a mandatory waiting period is at least 30 days before a hearing can be scheduled.
• The final hearing is usually scheduled between 30 and 90 days after filing.
• During the hearing, both spouses must be present and affirm under oath that they are satisfied with their agreement, have disclosed all assets and liabilities, and wish to terminate their marriage.
• If the court approves the dissolution, the marriage ends.
• Usually, the dissolution is finalized on the day of the hearing itself.
• A dissolution of marriage can typically be completed within 30 to 90 days of filing the petition.

The relatively short timeline of dissolution, coupled with the requirement of mutual agreement on all terms, makes it a preferred option for many couples seeking an amicable end to their marriage. This can ensure that the procedure is respectful, cooperative, and less costly.

Is Dissolution of Marriage & Uncontested Divorce the Same in Ohio?

While both dissolution of marriage and uncontested divorce in Ohio involve a mutual agreement between spouses to end the marriage, they are not the same.

A dissolution of marriage is generally a quicker and more straightforward way to legally terminate a marriage. Spouses make all the decisions about the terms of their separation, including property division, child custody, and spousal support, without the court's intervention. Dissolution also requires complete agreement on all aspects of the separation, and neither party must prove grounds for ending the marriage.

On the other hand, an uncontested divorce follows the same procedures as a contested divorce, except that the opposing party does not respond. It is important to note that while both dissolution and uncontested divorce can expedite the divorce process and save money, dissolution is often faster and less expensive than an uncontested divorce. While both dissolution of marriage and uncontested divorce in Ohio involve mutual agreement and aim to simplify the divorce process, they follow different procedures and have distinct legal implications.

Let Our Uncontested Divorce Lawyers in Toledo Assist You

When you are ready to end your marriage, whether through divorce or dissolution, our dedicated family lawyers at Smith & Smith Law Office, LLC will be standing by, ready to guide you through each phase. We can handle all aspects of your separation, from custody and child support to alimony. Whether you are pursuing a dissolution of marriage, divorce, or uncontested divorce in Toledo, we aim to minimize stress by providing clear, compassionate, and effective legal support at every step. 

To learn more about how our Toledo divorce attorneys can help you. Call (419) 842-4629 or complete our online contact form.

Frequently Asked Questions About Divorce in Toledo

What Is the Difference Between Divorce & Legal Separation in Ohio?

Legal separation in Ohio allows couples to live separately while remaining legally married. It's an option for those who may have religious reasons against divorce or wish to maintain marriage benefits like health insurance. Unlike divorce or dissolution, separation does not legally end the marriage. The couple will have formal agreements, including property division and spousal support, similar to a divorce.

How Is Child Custody Determined During Divorce Proceedings in Toledo?

In Toledo, like the rest of Ohio, child custody decisions are made based on the child's best interests. Factors influencing these decisions include each parent's ability to care for the child, the child's relationship with parents and siblings, and any history of abuse or neglect. Courts also consider each parent's living situation and the child's wishes, depending on their maturity and age.

Are There Mandatory Mediation Sessions in Lucas County Divorce Cases?

Ohio encourages mediation to resolve disputes amicably and efficiently. In Lucas County, many courts require mandatory mediation sessions to encourage parents to cooperate on custody arrangements and other issues. Mediation helps reduce the adversarial nature of divorce, encouraging collaborative decision-making which can benefit both parties and children in the long term.