DIVORCE OR DISSOLUTION?

Generally, it is preferable to terminate a marriage by dissolution or collaboratively, rather than by filing a complaint for divorce. However, there are instances where a complaint must be filed to protect a spouse in the event the parties are so combative as to prevent negotiations from occurring. The court can provide temporary financial relief, restrain a spouse from dissipating assets, allow a spouse to obtain a divorce if the other spouse is absent, restrain spouses from inflicting physical and emotional abuse on each other, and issue temporary parenting orders.

Even after a complaint is filed, the parties and their attorneys can encourage a negotiated settlement of both parenting and property issues. A high percentage of divorce cases are ultimately settled; however, if a settlement is unable to be reached, the court will eventually hear the case and issue orders allocating parental rights and responsibilities, and dividing marital property.

A dissolution, rather than divorce, is a preferable method of terminating a marriage if the parties are able to cooperate to allow the informal exchange of information related to parenting and property. This method allows for negotiations to move forward through the spouse's attorneys without court intervention. This process is generally less costly and less time consuming than divorce, and results in viable long term agreements between parties. However, if a negotiated settlement cannot be reached, a divorce can be pursued.

Nancy M. Janning, Attorney At Law
7616 Montgomery Rd., Cincinnati, Ohio 45236
ph: 513.984.8989 fx: 513.984.2192
njanning@cinci.rr.com