Dissolution of marriage, are you shocked? You might be.
When you hear the term, it sounds a bit intimidating, doesn’t it?
A lot of people imagine a drama in the courtroom with arguments flying left and right and full of bitterness.
But wait until you hear this surprising fact: dissolution is very often more amicable and straightforward compared to a divorce.
Instead of taking part in a long battle in the divorce court, a couple may choose this non- contentious process of separation.
So, what is dissolution exactly? Is this even the best option for you? How is it distinct from getting a divorce?
In this post, we will explore all these issues and more while explaining how to go through the dissolution process in easier to understand bits.
Let’s begin.
1. What is dissolution of marriage means?
Dissolution of marriage is a legal process of divorce.
In this case, the couple resolves the issues such as division of the property, parenting, and support without going to court.
2. Dissolution Vs divorce: What’s the difference?
More often than not, when two people agree to end their marriage, they have two options which is either dissolution or divorce.
Although both involves to the end of a marriage. They differ greatly in the processes involved, the money spent, and the emotional investment required.
When you know the difference that will help you understand which direction would be more appropriate for the couple.
Dissolution of marriage
Dissolution of marriage is a easy going process of separation. The couple jointly decide upon distribution of property, debts, child-caring and child-support issues.
Furthermore, it eliminates the need for the courtroom savage tug of war.
The estranging partners could try to be more civil during the dissolution process. This can be of great help especially to the childrens mental health.
Divorce in marriage
On the other hand, divorce is one of the most stressful experiences.
In such situations, people often experience betrayal and anger.
As a result, it creates an unhealthy atmosphere not only to the couple but also to their children if any.
Alongside this, the pressure of attending court, going through legal dealings, and the fear of the result can be a lot.
3. Is marriage dissolution the right option for you?
Selecting the most appropriate method to end the marriage is one of the most delicate matters.
In the state of Ohio, married couples seek a dissolution of marriage in case they have agreed on all aspects of separation including asset division, support, and child custody.
However, dissolution isn’t appropriate for every couple.
Following are the criteria you should consider:
Communication:
One of the most important elements for any dissolution is communication.
In dissolution, couples need to reach an agreement on matters such as property division, alimony, and child custody after their divorce.
And in order to achieve these agreements, open communication is a must.
Quick process:
In case you and your partner wish to have a short, simple approach, dissolution is best. It’s speedier process than a fighting divorce.
The dissolution process, take around 30 to 90 days to be completed after the filing, thus it’s a great alternative for divorce.
No history of abuse:
In some situations where your partner has abused you, dissolution may not be the safest choice.
Rather, in such instances, a victim should seek the traditional divorce, which offers the required legal safeguards and support.
4. What are the steps involved in the dissolution process?
In India, various laws determine the process of marriage dissolution based on the religion of the parties involved.
On the other extreme, each state in the United States handles divorce according to its own laws, rather than federal laws.
Step 1: Filing for divorce
Fill in all the necessary documents for divorce.
Additionally, you need to provide additional papers depending on the region where you file for divorce.
Return the fully filled forms to the relevant court together with the required filing fees.
Step 2: Serve the other spouse
After filing your petition, you must notify your partner that you have started divorce process.
Your partner may be served in a number of ways including:
- Delivery conducted by any process server.
- Via postal service (some states allow this).
- Reconnaissance of service if your partner does agree and signs the document.
Step 3: Response from another spouse
Most of the time, the court gives your spouse a specific period of 20 to 30 days to file a response to the petition.
If they are in agreement with the terms of divorce, they may submit a counter-petition.
If they do not file a response, it may be possible for you to pursue a default divorce.
Step 4: Exchange information
In some cases, both parties required to reveal financial data as well as other pertinent records.
This exercise is called discovery and may include:
Interrogatories- which are simply written questions.
Requests for the submission of various documents.
Depositions which involve the provision of sworn statements under an oath.
Step 5: Negotiation and settlement
A lot of couples manage to resolve their conflicts through negotiations.
In some cases, you can even opt for mediator to assist with disputes about property division, parenting and spousal support.
In case reconciliation is attained, you are welcome to drafting a settlement agreement.
Step 6: Prepare for court hearing
If you have unresolved issues, attend a court hearing.
Get ready to explain your side of the story.
At the hearing, the parties should argue their respective positions, and the court will rule on the disputed matters.
Step 7: Court result
When both parties accept the conditions, the court will conclude the proceedings.
After the divorce is issued at the end of proceedings by the court, which will contain:
- The distribution of assets and liabilities acquired during the marriage.
- The decision on who the child will stay with and how often he/she will visit the other parent.
- Alimony and/or child support payments.
5. What are the grounds for marriage dissolution?
The grounds for divorce refer to the legal motivations that husband or wife needs in order to file for divorce.
These vary from country to country but here is the explanation of some common grounds.
Adultery:
Adultery is that kind of extramarital affair wherein either the husband or wife has physical relationships with someone else.
It is the biggest violation of trust and loyalty within a marriage.
Many jurisdictions consider this as a valid ground for divorce.
However, in an intra-court setting, it is difficult to prove adultery without evidence, such as photographs, text messages or credible witnesses.
Cruelty:
Cruelty includes mental or physical harassment that endangers the life of the partner.
For instance, abuse, not providing food, continuous ill-treatment, or dowry-related harassment are all considered cruelty.
Denying marital relations can also be seen as mental cruelty and a reason for divorce.
Desertion:
Desertion is an act where one partner in marriage chooses to leave the other without any reasonable excuse.
In the majority of jurisdictions, the period of abandonment must usually be two years in order to qualify as a ground for divorce.
The deserted spouse has to prove that the separation was one-sided and not consensual agreement.
Conversion:
Conversion, also known as religion change.
One partner changes their faith or religion without the agreement of the other partner.
A transformation in religion affects the relation between the spouses in various dimensions such as their opinions, way of life and core values,
As a result, which causes differences that are too big to be reconciled in the union.
Divorce can be applied for on such grounds mainly where the change of religion affects more adversely the couple’s cohabitation.
Mental illness:
Divorce must apply only when your partner is going through serious and long-term mental illness.
For instance, schizophrenia or manic depression. Medical history or expert witness is usually needed.
Sexual disease:
If an STD poses a threat of infection to the other partner, it can serve as grounds for divorce. For instance, HIV/AIDS.
There are usually stringent medical certification requirements regarding the illness. Sometimes, you can prove infidelity through other methods.
Presumed death:
Spouse can petition for divorce on the grounds of presumption of death.
If one of the spouses is away and unheard from for a period of seven years, then the other partner can file, the divorce.
6. What are the costs involved in marriage dissolution?
The expenses related to the dissolution of marriage is influenced greatly by the geographical area, and the nature of the case.
Below is a comprehensive list of standard costs that occur within the process of dissolution:
- Court filing fees:
Filing fees are basic charges payable for the dissolution process.
These are charges encountered in administrative work and are subjected to change from state to county.
Usually, such fees fall between $200 to $300, although, in some circumstances, these can be much higher.
In some jurisdictions, applicants who demonstrate financial hardship receive a reduced fee or no charge at all.
In India, most family courts charges very nominal fees as compared to legal systems in the west. Generally, these fees range from Rs 500 to Rs 2000.
Court fees vary across states and cities, with metropolitan areas occasionally having higher charges.
- Attorney fees (if used):
Lawyers assist in drafting and reviewing a separation agreement.
Although an attorney is not required to end a marriage.
The amount of legal fees normally ranges within $500 to $1500 depending on any of the following:
1. The complexity of divorce (involving child custody, or debts).
2. The level of experience of the lawyer – higher hourly rates may be charged for more experienced or specialized lawyers.
3. The area they practice law in, since the lawyers in the major cities and other high-cost areas charge more.
In India, for basic divorce cases (Uncontested) fees lie between ₹5,000 to ₹25,000. And depending upon the complexity of the case, fees lie between ₹50,000 to ₹2,00,000.
In recent times, the best lawyers in the large cities charge for a given case between ₹2,00,000 to ₹10,00,000.
- Mediation fees (if needed):
Mediation does not involve going to court.
Participants pay for the services of a third party mediatory who helps in conflict resolution outside the court.
The charges of the mediators vary per hour, which is in between $100 to $300.
In general, an average cost for mediation service varies between $500 and $1,500 according to the number of sessions for consultancy.
In India, rates for mediation service vary in between ₹2,000 to ₹5,000 per hour.
Some of the mediators also quote a lump sum for a series of sessions which is around ₹10,000 to ₹50,000.
The whole process is going to cost around ₹10,000 to ₹1,00,000 for mediation service provision.
- Miscellaneous Administrative Fees:
| Service Type | US Fees | India Fees |
|---|---|---|
| Document Preparation Fees | $100 – $500 for preparing legal documents | ₹1,000 – ₹5,000 for drafting legal documents |
| Court Appearance Fees | $150 – $500 per court appearance | ₹2,000 – ₹10,000 per court appearance |
| Service of Process Fees | $30 – $100 for delivering legal documents | ₹500 – ₹2,000 for serving legal notices |
| Notary Fees | $5 – $15 per document | ₹100 – ₹500 per document |
| Copying and Filing Fees | $0.10 – $1.00 per page (copying), $50 – $100 (filing) | ₹1 – ₹5 per page (copying), ₹500 – ₹2,000 (filing) |
7. What happens to a child after divorce?
Ohio law aims to protect children from the impacts of their parents’ divorce.
Now, let’s explore how the state of Ohio determines child custody after a divorce.
1. Custody arrangements:
Most often the custody arrangements are broadly classified into the following two categories:
Joint custody
In a system of joint custody, both parents are equally responsible for the upbringing of their child.
They can take all the important decisions related to the child’s life, including his or her education, health care, and social life.
Sole custody
In cases of sole custody, the courts determine primary caregiver for the child’s welfare.
However, the other parent usually has visitation rights.
Visits are usually on a weekly, bi-weekly or monthly bases depending on the situation and the child’s requirements.
2. Child Support
In Ohio, the structure of child support meets the child’s basic needs.
For instance, food, clothing, medical care and education, among others.
If both parents have enough money, they divide the expenditures.
In cases of divorce, the parents negotiate on matters regarding underline custody, visitation as well as child support.
The plan shows how they will undertake co-parenting, decision making, and visitation
Once everything is ready, they file the documents in court for enforcement. The judge assesses the documents and gives approval so long as it is reasonable and serves the best interests of the child.
Conclusion
In conclusion, dissolution of marriage is a better option than a divorce.
The process saves time and decreases emotional stress.
Divorce creates an unhealthy atmosphere not only to the couple but also to their children if any.
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