I would like to help you with this.
A dissolution of marriage is an action where the parties mutually agree to
terminate their marriage. Neither party has to prove grounds to end a marriage
by dissolution. This action is filed after the husband and wife have signed a
separation agreement regarding all property, spousal support and any
child-related issues. After jointly filing a Petition for Dissolution, the
parties must wait at least 30 days before the court will hear their case. The
case must be heard within 90 days of filing. At the hearing, the court will
review the separation agreement, ask about the assets and liabilities and any
parenting issues, and determine whether the parties understand and are satisfied
with the settlement. If the court is satisfied that, the parties agree and
desire to end their marriage, the court will grant a dissolution and order the
separation agreement into effect.
Divorce is a civil lawsuit to end a
marriage, arising when the husband and wife cannot resolve their problems, and
ask the court to make the final decisions concerning property division, spousal
support and matters regarding the children.
A divorce is started by one spouse, the plaintiff, who files a
complaint with the clerk of court. In the complaint, plaintiff must
claim, and eventually prove, the appropriate statutory grounds for divorce.
Discuss the statutory grounds and your facts with your attorney.
The clerk of court "serves" upon the other spouse, the defendant, a
copy of the complaint and a summons. Service is generally made by certified mail
or personal delivery. If the defendant's residence is not known, there is a
procedure for service by publishing a legal notice in a newspaper. This
publication method of service is effective for obtaining a divorce decree, but
generally is not effective for obtaining orders about matters such as
spousal or child support.
The defendant has 28 days after service of
the complaint and summons to file an answer to respond to the complaint. The
defendant may file a counterclaim requesting a divorce, stating the grounds the
defendant believes apply. The plaintiff files a reply in response to the
Most divorce cases are eventually settled by agreement. A proposed agreed
decree of divorce is prepared, signed by the parties and submitted to the court
for approval. If approved, the agreement is made effective by a court journal
If the parties cannot agree to resolve all of their disputed issues, the
disputes are presented to the court. The court will review the parties' evidence
and make its decision based on Ohio law.
Your husband may or may not agree to a dissolution, but he can't stop you from getting a divorce. The property you owned before the marriage will still be yours. You would probably not be held responsible for half the repairs. There are hundreds of details that would either have to be worked out by the two of you, or settled by the court. If you've been married a long time, there may be alimony. There may be a financial settlement. These are details that are not "cut and dried" but are different in every situation.
Can I answer any specific questions for you?