There are two ways of terminating a marriage in Ohio. There is a traditional divorce where one party files a Complaint for Divorce with the Clerk of Courts. The paperwork will be served on the opposing party by certified mail, private process server, or sheriff service. Once service is completed, the court will schedule multiple status conferences, temporary order hearings, pretrial hearings, settlement conferences, and a trial if the matter does not settle. In a traditional divorce, the court is in charge of the discovery dates, expert report dates, deposition deadlines, and the overall pace and scheduling of the case. Typically, divorces are more expensive than dissolutions because they involve more court time. A divorce without children can take 12 months to complete and a divorce with children can take 18 months to complete. A dissolution differs from a divorce in that all of the negotiations are done outside of court. A final agreement is filed with the court. The court will then schedule one hearing to make sure the parties are still in agreement as to the terms of the documents and to approve the agreement. A dissolution requires the cooperation of both parties as an open exchange of information/documents is necessary. The parties must agree on all aspects of property division, support and child issues before a dissolution can be filed. Typically, dissolutions are more cost effective as there is only one court hearing.
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