Whether a divorce or a dissolution is the most beneficial method of marriage termination varies from case to case. One of the key differences between a divorce and a dissolution is whether the parties are able to agree and work together. In a dissolution the parties work together to negotiate the details of terminating their marriage. These details include division of marital assets and debts, child support, child custody, spousal support, etc. In a divorce action one party files the action to terminate the marriage and ultimately the Court will determine the details of determining parental rights and/or dividing the parties’ assets.
When is a dissolution best?
Unlike in a divorce, a dissolution gives more freedom to the parties. If you are in agreement and both able to work out the details together than a dissolution may be the best option. A dissolution action will most likely be less expensive in terms of overall costs of each party. Dissolutions tend to be finalized in less time than divorces. During a dissolution, the parties work on their own schedule rather than the Court’s allowing the process to be faster. In a dissolution, the parties work together to create a Separation Agreement which will outline how to parties wish to handle terminating their marriage including a shared parenting plan, division of assets, and support to be paid. Once the Separation agreement is complete the parties submit it to the Court for signature from the Judge.
When is a divorce best?
In some instances the parties are not able to agree on the details of terminating their marriage. For example, if you are not in agreement to terminating the marriage or sharing the custody of your children, a divorce may be your only option. During a divorce, the Court can order either party to refrain from doing things such as removing marital assets or spending unnecessary money out their bank accounts. A dissolution does not offer the same level of protection because the Court is much less involved. In a divorce, the parties provide all of their information to the Court by testimony and exhibits and the Court will unilaterally decide the details of the marriage termination.
If you are seeking a divorce or dissolution in Kent, Ohio or the surrounding areas, contact Attorney Peter Kratcoski at our offices by phone at 330-673-3444 or by email at pkratcoski@wwklaw.com for an initial consultation.
