To file for a dissolution, do the parties have to be living separately?

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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 10 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.


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