Dissolution Lawyers in Central Ohio
Nearly Five Decades Guiding Columbus Families Through Dissolution
If you and your spouse agree on the terms of your separation, dissolution of marriage offers a more efficient, less adversarial alternative to divorce. At Kemp, Schaeffer & Rowe, we’ve helped Columbus and Central Ohio clients navigate this process since 1977. Our attorneys can assess whether your situation qualifies for dissolution and guide you through every step, from drafting the separation agreement to the final hearing.
Because our firm handles family law alongside estate planning, business law, and employment matters, dissolution clients who need related legal guidance after separation can work with the same attorneys rather than starting over with a new firm.
Considering a dissolution of marriage? Our attorneys can walk you through the process and help you understand your options. Contact us today at (614) 665-5833 to get started.
What Is Dissolution of Marriage?
Dissolution is a mutual, no-fault process for ending a marriage in Ohio. Both spouses are treated as co-petitioners rather than adversaries. There’s no formal complaint, no service of process on a defendant, and no discovery phase. The process requires complete agreement on all issues before filing; the court doesn’t adjudicate disputes but instead reviews and approves a finished separation agreement that both spouses have already signed and notarized. Once the judge approves it, the agreement becomes a court order enforceable like any other judgment.
Because family assets aren’t frozen during dissolution the way they can be in a contested divorce, both spouses typically face less financial disruption during the process. For couples who can reach agreement, dissolution is generally faster, less expensive, and less stressful than a traditional divorce.
Key Benefits of Dissolution
- Less Time-Consuming: Once an agreement is reached, a dissolution may be finalized in as little as 30 to 90 days.
- Lower Costs: Without court battles, legal fees are generally much lower than in a contested divorce.
- More Control: Both spouses work together to reach a fair settlement rather than having a judge decide.
- Less Conflict: Dissolution promotes cooperation, which is especially important for couples with children.
Requirements for Dissolution in Ohio
To proceed with a dissolution, certain legal criteria must be met:
- Residency: At least one spouse must have lived in Ohio for six months before filing, per Ohio Revised Code Section 3105.62.
- Full Agreement: Both parties must agree on all aspects of the separation, including property division, child custody, and financial support.
- Joint Petition: A joint petition must be filed with the court along with a signed and notarized separation agreement. For most Columbus-area couples, this means filing with the Franklin County Court of Common Pleas Domestic Relations Division in the county where either spouse has lived for the past 90 days.
- Court Hearing: A brief hearing, typically scheduled 30 to 90 days after filing, is required to finalize the dissolution. Both spouses must appear in person and confirm under oath that their agreement was voluntary and that they understand its terms.
- Parent Education Class: If minor children are involved, both parties must complete a mandatory parent education class after filing and before the final hearing.
- Financial Disclosures: Ohio courts require financial disclosure affidavits from both spouses. When children are involved, additional forms such as child support worksheets and a parenting plan are also required.
If you’re unsure whether dissolution is right for you, our attorneys can assess your situation and help you explore your legal separation options.
The Dissolution Process Step by Step
Here is how dissolution of marriage typically proceeds in Ohio:
- Step 1 – Reach Full Agreement: Both spouses negotiate and reach complete agreement on all issues, including property, debts, support, and parenting arrangements if applicable. The process can’t move forward until every issue is resolved.
- Step 2 – Draft the Separation Agreement: A separation agreement is drafted, reviewed by attorneys for both parties, and signed and notarized by both spouses. This document forms the legal foundation of the dissolution.
- Step 3 – Submit for Case Management Review: The joint Petition for Dissolution of Marriage and Waiver of Summons, along with the separation agreement and required affidavits, is submitted to the Case Management Office for review before filing with the Clerk of Courts.
- Step 4 – Pay Filing Fees: Filing fees are paid to the Clerk of Courts. Fees across Ohio generally range from $200 to $400 and may be higher when minor children are involved; confirm current amounts with the applicable clerk’s office.
- Step 5 – Complete the Parent Education Class (If Applicable): If minor children are involved, both parties must complete the court-required parent education class after filing.
- Step 6 – Attend the Final Hearing: The court schedules a final hearing between 30 and 90 days after filing. Both spouses appear in person and confirm under oath that the agreement is voluntary and understood. The hearing itself is typically brief (often five to ten minutes).
- Step 7 – Receive the Dissolution Decree: If the judge approves the agreement, a Decree of Dissolution is issued and filed. The Clerk of Courts mails the decree to each party and attorney of record, and the marriage is legally ended.
Key Issues in a Dissolution Agreement
Even when both parties are in agreement, important legal and financial matters must be addressed in the separation agreement:
- Division of Assets and Debts
- How marital property, bank accounts, retirement savings, and real estate will be divided
- Allocation of joint debts, including loans and credit cards
- For couples with retirement accounts, a Qualified Domestic Relations Order (QDRO) may be needed to divide those assets without triggering tax penalties
- Child Custody and Parenting Plans
- Establishing legal and physical custody arrangements, including designation of a residential parent and legal custodian
- Creating a parenting schedule that works for both parents and children; the judge reviews the parenting plan to confirm it serves the children’s best interests
- Child Support and Spousal Support
- Calculating child support based on Ohio guidelines
- Determining whether spousal support is necessary; spousal support provisions are final once the dissolution decree is issued unless the agreement expressly reserves the court’s jurisdiction to modify them
- Property and debt division is generally not modifiable after the decree is entered; child custody, parenting time, and child support can be modified later if circumstances change significantly
Our family law attorneys can make sure your agreement is legally sound and reflects your interests.
Dissolution vs. Divorce: Which Is Right for You?
Dissolution works well when both spouses can reach full agreement before filing, but it isn’t the right fit for every situation.
- Choose Dissolution if: You and your spouse can work together and agree on all terms before filing.
- Consider Divorce if: There are disputes over property, finances, or child custody that require court intervention, or if either spouse needs an immediate temporary order for support or to protect marital assets.
Dissolution can’t proceed if either spouse is unable to attend the final hearing in person, or if the parties can’t agree on every issue before filing. Mediation is often a useful middle path. If you’re close to agreement but stuck on one or two issues, a mediator can help resolve them without converting the matter to a contested divorce. If no agreement can be reached, a judge in a divorce proceeding will make the final decision. Once a dissolution decree is entered, it can’t be vacated simply because a party changes their mind.
If you’re unsure which process fits your situation, contact us for a consultation with one of our family law attorneys.
How Our Attorneys Can Help
At Kemp, Schaeffer & Rowe, our attorneys have guided Central Ohio clients through the dissolution process for nearly five decades. Founded in 1977, our firm has built a reputation for dependable legal support in Franklin County, and our founding principles of service and integrity shape how we approach each client’s situation. Our services include:
- Drafting & Reviewing Agreements: Reviewing your separation agreement to address every required issue.
- Mediation & Negotiation: Helping couples resolve outstanding issues before filing.
- Filing & Court Representation: Handling all legal paperwork and representing you at the final hearing before the Franklin County Court of Common Pleas.
Because our practice also covers estate planning, business law, and employment matters, dissolution clients who need related legal guidance after separation can continue working with attorneys who already know their situation.
Frequently Asked Questions
What Is the Difference Between Dissolution & Divorce?
Dissolution and divorce both end a marriage, but the process differs significantly. Dissolution is mutual. Both spouses agree on all terms before filing, with no complaint, no service of process on a defendant, and no discovery phase. Divorce is often contested, meaning a judge may need to resolve disputes over property, child custody, or support. Dissolution is generally faster, less expensive, and less adversarial.
How Long Does a Dissolution Take in Ohio?
Once the paperwork is filed, a hearing is typically scheduled within 30 to 90 days. The process can take longer if reaching agreement before filing takes time. Compared to a contested divorce, which can take months or years, dissolution is considerably quicker.
Do Both Spouses Have to Agree on Everything?
Yes. Dissolution requires full agreement before filing, covering property and debt division, child custody and visitation if applicable, and child and spousal support. If there’s a disagreement on any issue, dissolution may not be the right option.
What If We Can’t Agree on Something?
If you and your spouse can’t agree on certain terms, you have a few options:
- Mediation – A neutral third party helps both sides reach a compromise.
- Negotiation through attorneys – Your attorneys work to resolve disputes before filing.
- Contested divorce – If no agreement is reached, a divorce may be necessary, and a judge will make the final decision.
Can I Change the Terms of a Dissolution After It’s Finalized?
Some terms can be modified later. Child custody, visitation, and child support can be revisited if circumstances change significantly. Spousal support can only be modified after the decree if the original agreement expressly reserved the court’s jurisdiction to do so. Otherwise, it’s final. Property division generally can’t be changed once the dissolution is approved. An attorney can help if you need to request modifications.
Do I Need a Lawyer for Dissolution?
You’re not required to have a lawyer, but it’s strongly recommended. An attorney can help protect your rights, draft and review legal documents, confirm the agreement reflects the terms you and your spouse reached, and help you avoid costly mistakes that could affect your future.
How Do I Start the Dissolution Process?
Start by discussing terms with your spouse and working toward agreement. Once you’re aligned, you’ll file a Petition for Dissolution of Marriage with the court. Working with a family law attorney from the outset can help the process proceed smoothly and keep everything handled correctly.
What Documents Are Required to File for Dissolution in Ohio?
Standard required documents include a joint Petition for Dissolution of Marriage and Waiver of Summons, a signed and notarized separation agreement, and financial disclosure affidavits from both spouses. When minor children are involved, additional forms are required, including a parenting plan, child support worksheets, and a health insurance affidavit. Requirements can vary by county; our attorneys can confirm exactly what the Franklin County court requires for your filing.
What Happens If We Reach a Disagreement After Filing but Before the Hearing?
If both spouses agree to a change, a revised separation agreement can generally be submitted to the court before the final hearing. If the spouses can no longer agree on all terms, the dissolution may need to be dismissed and refiled as a divorce. An attorney can help you assess your options if circumstances shift after the petition is filed.
Ready to take the next step? Our family law attorneys are here to guide you through the dissolution process with the care and attention your situation deserves. Contact us today at (614) 665-5833 to schedule a consultation.
Five-Star Client Testimonials
In Their Own Words
At KSR Legal, we prioritize your experience, and it shows. Read some of our client reviews below, or call us at (614) 665-5833 to get started.
-
"A Great Experience"
I was very pleased with Mr. Yarmesch, He stayed in contact with me, and returned my phone calls and emails promptly. Most importantly he negotiated a satisfactory outcome.
- Former Client -
"Highly Recommended!"
We couldn't be more thankful. Steven definitely made the process very easy and as stress-free as possible.
- Maria J. -
"Fantastic Experience!"
Steve is great and willing to help in any way he can!! Suzette doesn't skip a beat, and keeps it all on track!!!
- Heather L. -
"Top-Notch Service!"
KSR is amazing and they are my go-to lawyers!
- Don B. -
"The Best Family Law Attorney!"
Matthew is very professional & knowledgeable. He has helped me in many ways with obtaining shared parenting with my child. He is very professional with time management of deadlines in all cases and really is a overall great attorney to hire for all fam
- Former Client