To file for a dissolution, do the parties have to be living separately?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
To file for a dissolution, do the parties have to be living separately?
We have been living as roommates in OH for the past year for financial reasons (we own our home) but now we need to file for dissolution before I move out of state in a couple of months. Do we have to be living separately to file for dissolution? We are still friends and the dissolution is uncontested by either party.
Asked on September 7, 2011 under Family Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Ohio allows for both dissolution and divorce, which I believe that you are aware of since you were specific in your question. From what I can tell, a dissolution is faster but must be followed by a motion to convert it to a divorce. It can also be stopped at any time by one f the parties. I do not believe that Ohio law requires that you live separate and apart before filing for a dissolution. For a divorce there is that requirement if using the living separate and apart grounds as a basis for divorce. I would seek consultation from an attorney in your area just to be sure about how to proceed here. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.