How to Easily Convert Divorce to Dissolution in Ohio
It is a common misconception that the only way to end a marriage is through a divorce; however, Ohio allows dissolutions as well as divorce. You can easily convert divorce to dissolution in Ohio. A dissolution differs in that it is a mutual agreement agreed to by both spouses. The key to any dissolution is that both parties need to agree on EVERY issue before being able to terminate the marriage via a dissolution proceeding.
Ohio Revised Code Section 3105.08 allows spouses to convert a divorce to a dissolution at any point before the final judgment. It only requires the filing of a motion and no additional costs to convert a divorce into a dissolution. The motion will require an attached petition for dissolution signed by both parties that follows the rules of section 3105.63 of the Revised Code. Section 3105.63 mainly explains the requirements for a fully agreed-upon separation agreement.
POSITIVE ASPECTS OF CONVERTING A DIVORCE TO A DISSOLUTION
There are many positive aspects of “uncoupling” folks in a marriage via a dissolution proceeding versus a divorce action. Some of the positives of a dissolution include:
- All contested issues have been resolved and there is no need for the termination of the marriage via a divorce.
If both spouses have agreed on the division of property and debts; child custody; child support and spousal support; and relevant financial or personal matters, then divorce may not be the correct move for you. Divorce actions can be inefficient, causing extra stress and increasing negativity in relationships moving forward.
- The parties prefer the family and kids to know that their marriage ended as a result of the joint agreed-upon dissolution and not through a divorce action.
Divorce can have a negative effect on relationships and create more anxiety and stress for children. Dissolution may not remove all the negative effects, but it does help to keep the feeling of unity. When both parties are more willing to work together it can help reduce the animosity and arguments between the parties. Dissolution allows the parties to work out problems collectively and not be subject to a decision from a judge that may make one or both parties dissatisfied or even resentful.
A well-drafted and comprehensive separation agreement incorporated into a dissolution proceeding allows both parties to craft the terms involved in ending their marriage. Not only were both parties heard in the matter, but they agreed to everything after a full disclosure of all their assets and liabilities to the other. Dissolutions can help to remove the stigmatism of divorce as a difficult and unpleasant battle and reduce the paralysis that often accompanies a divorce action.
Benefits of Converting a Divorce to a Dissolution in Ohio
Dissolution can also help reduce the stress of separation upon the children. Agreeing on all child-related issues greatly helps keep the children outside of adult-related matters, or possibly even feeling responsible for their parents’ breakup. While children will be sad about their parents ending their marriage, it likely will be more therapeutic for them to see their Mother and Father BOTH agreeing on parenting schedules, holidays, extracurricular activities, etc… This type of “unity” will create added security for them during this new phase in all their lives. Children seeing their parents communicating and cooperating will do absolute wonders to help the kids adjust more positively going forward.
- Potentially speed up the final hearing date if the case is stuck on a congested docket.
Dissolution can help reduce the stress of waiting for a trial date and the added time for the Court to render its written decision. Divorce Court dockets are very congested. It can often take longer than a year to complete a contested divorce case. In addition, attorney fees and anxiety escalate.
A dissolution is a much quicker process that requires substantially less waiting. After the required dissolution paperwork is filed, dissolution cases are finalized in 45 to 90 days. If your “uncoupling” is resolved faster it gives you more time to move forward creating a new dynamic and the move towards happiness.
- A dissolution can also be converted to a divorce if necessary.
As mentioned above, both parties must agree to all the terms at the time of filing as well as at the time of the final hearing for the Court to grant the decree of Dissolution. If a dissolution sounded great but after it was filed the agreement has somehow fallen apart or the facts have changed, it may be necessary to convert the dissolution into a divorce action. While it is indeed unfortunate that the once agreed upon terms have become disputed, the reality may be that converting it to a divorce is the only way to terminate the marriage.
Conclusion.
An experienced dissolution and family law attorney can help you evaluate your situation. I would strongly encourage you to talk through your situation with a lawyer to see if you can convert divorce to dissolution in Ohio. and who appreciates the benefits of proceeding via dissolution when possible, rather than just jumping into a divorce action. At MuesLaw we can help you by providing clear and knowledgeable information about realistic options.
Experienced, Trusted and Professional Dayton Family Law Attorneys
Our experienced Dayton family law lawyers at MuesLaw can assist you with your dissolution-related issues. Please visit our website at www.MuesLaw.com or call us at 937 293-2141. We can schedule an in-person conference or one by phone or Zoom. We look forward to assisting you!
PUBLISHER’S NOTE:
I want to thank Tucker Smith for assisting us in helping write this blog. Tucker is a second-year student at the University of Dayton School of Law. He is clerking with MuesLaw this semester. Welcome aboard Tucker!
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he previously managing the Dayton law firm of Holzfaster, Cecil, McKnight & Mues LPA until it dissolved on December 31, 2024. He recently has founded MUESLAW in 2025. To learn more about him or MUESLAW, visit www.MuesLaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
