Introduction
The law in Ohio provides three options for a husband and wife to end their marital relationship. They are Legal Separation, Divorce, and Dissolution of Marriage. To obtain a Dissolution of Divorce, at least one of the parties must have been a resident of Ohio for at least six months before filing. There is no residency requirements for parties seeking a Legal Separation.
Legal Separation
This is a civil lawsuit filed with the court which does not legally end the marriage. A Legal Separation allows the court to issue orders concerning the division of property, spousal support, allocation of parental rights, and child support. The parties remain married, but live separate and apart without actually ending the marriage. A Legal Separation can be converted into a Divorce or Dissolution of Marriage action later if requested by the parties.
Divorce
A Divorce is a civil lawsuit filed with the court to end a marriage. The court will issue orders concerning property (marital assets), debts, spousal support, child support and child custody. A Divorce is a dispute in which the parties do not agree and are requesting the court to make the final decisions. Divorce is based on the concept of fault and is an adversary proceeding.
A Divorce is commenced by one spouse called the "plaintiff", filing a legal document (civil lawsuit) called the "Complaint" with the County Clerk of Court. In this complaint, the plaintiff must choose and eventually prove appropriate legal grounds for divorce which can require witnesses to testify under oath that the alleged wrongdoing had been committed. Common grounds for divorce may include: negligence, adultery, infidelity, domestic abuse, or general incompatibility.
The Clerk of Court will serve the "defendant" (other spouse) a copy of the complaint and summons by: (1) certified mail; (2) delivering a copy of the Complaint directly to the defendant; and (3) leaving a copy of the Complaint at the defendant's residence with a person over the age of eighteen. If the residence (address) of the defendant is not known, then service may be obtained by publication in a newspaper of general circulation.
The defendant must then file an "Answer" to the Complaint within twenty-eight (28) days after the defendant has been served. The Answer gives the defendant's response to the complaint. The defendant may also file a "Counterclaim" requesting a Divorce that states the grounds that the defendant believes are applicable. The plaintiff responds to the Counterclaim by filing a "Reply".
Through all of this litigation which can typically last for one to four years, eventually most Divorce actions are settled by an agreement between parties. A legal document called a Separation Agreement" is prepared and signed by the parties. This agreement is then submitted to the court for final approval. The marriage is then legally terminated by a Journal Entry of the court.
Dissolution of Marriage
The Ohio legislature in 1974 decided that there should be a legal method to end a marriage without determining fault. The legislature enacted laws which created the Dissolution of Marriage. A Dissolution of Marriage is a joint legal proceeding by both spouses who mutually agree to terminate the marriage. Neither party has to prove grounds, no witnesses are required and no fault need to be established to terminate a marriage by Dissolution.
A Dissolution action is commenced when the husband and wife file a joint Petition and Separation Agreement and have fully agreed in writing to a settlement of all property, debts, spousal support, child custody, and child support, where applicable. The Separation Agreement is a legally binding contract.
After the Petition and Separation Agreement are filed with the County Clerk of Court (domestic relations court), a hearing date is set by the court. The parties must then wait at least thirty (30) days and not more than ninety (90) days to attend a court hearing where both parties must appear. At the hearing the court will review the Separation Agreement and inquire to the assets and liabilities of the parties and determine that the parties are satisfied with the settlement. If the court is satisfied that the Separation Agreement is fair, and the parties are still in agreement to terminate their marriage, the court will grant a Dissolution and order the Separation Agreement incorporated into a Judgment Decree by a Journal Entry of the court.