What is the difference?
In a dissolution, the parties negotiate and agree upon all issues before going to court. Once a full agreement is reached, it is put in writing and signed by both parties. Then, both parties petition the court to dissolve their marriage and make their agreement a court order. In a divorce, either the parties cannot agree and need court intervention or one party decides to file for divorce, forcing the other to respond.
Is one better than the other?
It is always best to reach agreements in the termination of the marriage in the interest of reducing expense, both monetary and emotional. However, there are a number of reasons to file for divorce, including the other party will not disclose all information, one party has stopped assisting with expenses, or the parties cannot their times with the children while negotiating a settlement. In these cases, temporary court orders must be obtained. Even in these cases, however, settlement can often be reached after the initial court orders.
Can I or my spouse refuse a divorce?
No. While Ohio still requires grounds for divorce, these are not difficult to demonstrate. While a spouse can make a divorce difficult, and even expensive, they cannot stop it.
Can I obtain an annulment?
Probably not. An annulment requires that either the marriage was not consummated or that it was entered into by fraud of the other party. Many people are interested in an annulment for religious reasons. Obtaining a religious annulment is not affected by not obtaining a legal annulment.
