Getting a Dissolution (2024)

To file for a dissolution in Montgomery County, you will need to sit down with your spouse to fill out a number of detailed forms. This page will help you understand what you should think through, provide the forms and explain the timeline of the dissolution process.

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Understanding the Basics

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A dissolution is sometimes called an "uncontested" way to end your marriage and is faster than filing for a divorce. The whole process can be completed in 30 to 90 days.

You and your spouse will need to agree on all parts of what will happen after the marriage ends to get a dissolution. You will need to put all of the agreement in writing and file a detailed set of paperwork. If you find that you and your spouse can't agree on everything you need to include in the paperwork, you may want to consider filing for a divorceinstead.

If you’re in an abusive relationship, consider speaking with a lawyer.Abuse can complicate a dissolution. Working with a lawyer can help keep you safe while ending your marriage.

Who can file for dissolution?

You must meet certain criteria to get a dissolution. To file in Montgomery County:

  • You or your spouse must have lived in Ohio for at least six months, and in Montgomery County for at least 90 days. If you both have lived in Montgomery County for 90 days, you will need to file in Montgomery County. If one of you lives in Montgomery County and one of you lives in another county, you can choose to file in the other county.
  • If you or your spouse are pregnant, you can't finalize a dissolution. You will need to wait until the baby is born.

You can find the Court’s dissolution procedures in the Local Rules of Court (Rule 4.55(B)).

Think through what you need

Before you file, you need to gather information and make some decisions.

  • Understand your financials. You will need details on your incomes, debts and assets. Getting organized for your divorce or dissolutionprovides an overview of the information you will need.
  • Define your parenting plan. If you have children, you will need to agree on exactly how you will raise them and if one of the parents will provide child support to the other. Learn more about custody and visitationand child support.
  • Define how money, property and bills should be divided. The Court will expect you to fairly divide everything you bought and all the debts you took on in the marriage. Learn more about dividing up your property and debts.If you decide that one spouse will pay the other spousal support, you will also need to agree on the amount, length and other terms of the support. Learn more about spousal support.

Complete your paperwork

On this site, you can use the Dissolution without Children or Dissolution with Children Form Assistantto fill out the forms you need to file with the Court. The Form Assistant will ask you some questions, which you can answer on any phone or computer. It can take a few hours to complete all the necessary information. You will be able to save your progress and return to complete your forms if you need to.

Both you and your spouse will need to agree to all of the information in all of the forms.

  • Once forms are completed, print them.You can print your forms at:
    • Any Dayton Public Library Branch for 10 cents per page
    • Montgomery County Law Library for 20 cents per page (the Law Library only accepts cash or a check as payment)
  • After you print your forms, you will both need to sign your documents in front of anotary.You can find a notary by searching on your browser for “a notary near me.” You can also wait to sign your papers until you get to the Court. The Court has staff who can notarize your forms for you.
  • Drop off your completed, signed and notarized forms at the Court Navigator's Office.The Navigator's Officeis inRoom 222.To find the Navigator’s Office, get off the elevator on the second floor and go around the corner to the right. The Navigator’s Office is the second window past the Sheriff, in front of the stairs. There is a bin for drop off and pick up.
  • The Compliance Office will contact you after their review is complete.They will tell you if you need to make changes to your forms. Note: They usually contact you by phone, so make sure they have your correct phone number. If you need to make edits to your forms, they may ask you to come in to make the changes or may send you aletterdescribing the changes you need to make.
    • If you need to make edits to your forms, read the letter from Compliance carefully and make the requested changes. Compliance allows you to make the edits directly on to the printed document by using white out and writing in blue ink the updated response or filling in ink a missing response.Do not cross outanything already on your forms, you must use white out to make corrections. You can also log back in to your MCDRC account and make the changes online and reprint your packet.
    • After you make your changes, drop off your forms for review at the Compliance Office in Room 261 in the Courthouse.If you need to resign and notarize your forms, the Court has staff who can notarize your forms for you.
    • Once your forms are approved for filing, you will get a call from the Compliance Office. Your forms will be available for pick up in the “pick up” bin at the Compliance Office.
    • If you have questions, you can contact the Compliance Office at(937) 225-4782.
  • When you pick up your forms, the Compliance staff will give you log-in information and direct you to a computer kiosk next to the Compliance Office.You will log-in and enter the basic case information into the Court’s computer system. This case information will be included in your printed packet of forms on the form named “Primary Party Questionnaire.” Please refer to the Questionnaire as you enter your information into the system.
  • Once you have submitted your Primary Party Questionnaire on the Court’s computer, take your forms to the Clerk of Court’s Office.The Clerk of Court’s Office is located on the first floor in Room 104 of the Common Pleas Court Building, at 41 N. Perry Street. The Domestic Relations Court is connected to the Common Pleas Court Building through an indoor walkway, so you do not need to walk outside to get to the Clerk of Court’s Office.
  • Give the clerk your forms to file.

The cost to file for a dissolution in Montgomery County is $400 for a dissolution with children and $300 for a dissolution without children.

If you have a low income andcan’t afford the filing fee, you can choose to add a Poverty Affidavitto create an additional form to file with your packet of documents. This form asks that you be allowed to file without paying a fee upfront. You may still be responsible for paying the fee at the end of the case.

Forms and Letters

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Dissolution without Children Form Assistant This Form Assistant is a step-by-step interview to complete Montgomery County's Dissolution without Children Forms.
Dissolution with Children Form Assistant This Form Assistant is a step-by-step interview to complete Montgomery County's Dissolution with Children Forms.

Legal Help and Lawyers

Find local organizations that can connect you with a lawyer or other legal help.

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Dayton Bar Association LRSThe Dayton Bar Association Lawyer Referral Service provides help by connecting you to a local lawyer that can help you with your issue or case.
Ohio State Bar AssociationThe Ohio State Bar Association helps to connect the public with useful legal information and services.

Local Government and Community Resources

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Montgomery County RecorderThe Recorder's Office is responsible for making a complete, accurate and permanent record of every document related to land ownership in Montgomery County.
Montgomery County Law LibraryThe County Law Library is open to the general public but cannot provide legal referrals and/or legal advice.
Montgomery County Clerk of CourtsThe Clerk of Court helps provide public access to court records and receives, distributes and preserves official court documents.
Montgomery County Common Pleas Court Domestic Relations DivisionThe Domestic Relations Court hears cases involving divorce, dissolution, legal separation, annulment, domestic violence civil protection order petitions, spousal support, custody of minor children and...
Montgomery County AuditorThe Auditor has many roles in Montgomery County, including determining property values for taxing purposes and transferring real property deeds.
Dayton Metro LibraryThe public library is a free source for information for anyone living in the area. The library allows anyone with a library card to check out books, movies, music and more. You can also receive help...
Getting a Dissolution (2024)

FAQs

Getting a Dissolution? ›

Either spouse can file for the dissolution of marriage. You must prove that a valid marriage exists, one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken, or one party has been adjudicated mentally incapacitated.

Is dissolution the same as divorce in Kentucky? ›

As a family law attorney for 25 years, I am often asked what is the difference between a divorce and dissolution. In Kentucky, there is no difference as all cases proceed as dissolution and Kentucky is a “no-fault” divorce state.

How fast is a dissolution in Ohio? ›

When a couple files for dissolution, they work together to ask the court to agree with their plan to end their marriage. You will have to fill out a lot of forms and go to court, but dissolution only takes 30 to 90 days from the time you file until your marriage ends.

How much does it cost to file for dissolution in California? ›

You'll need to pay a fee of $435-$450 to the clerk when you file your forms. If you can't afford the fee, you can ask the clerk for a fee waiver. You qualify for a fee waiver if: You receive public benefits.

How long does a dissolution take in Texas? ›

An uncontested divorce in Texas takes a minimum of 61 days due to the mandatory waiting period. Many uncontested divorces can be finalized in 3 to 4 months. However, the process often extends to a few months to finalize due to negotiation, paperwork, and court schedules.

Is a divorce better than a dissolution? ›

In most states, there is no difference between “divorce” and “dissolution of marriage.” Some documents refer to the more technical term of “dissolution of marriage,” while “divorce” tends to be the more casual way of referring to it.

How long do you have to be separated to get a divorce in Kentucky? ›

You can file for a divorce at any time, but you and your spouse must be separated and living apart for at least 60 days before a judge can grant a final divorce decree. Living apart means that you and your spouse are not having sexual relations, but you can be living at the same place.

Do you need a lawyer to get a dissolution in Ohio? ›

If your divorce is uncontested, meaning you and your spouse agree to end the marriage and all aspects of the dissolution, you will likely avoid much of the need for an attorney. However, it is always a good idea to seek advice from an Ohio dissolution of marriage lawyer.

What is the average cost of a dissolution in Ohio? ›

Filing Fees
Divorce - Children$300.00
Dissolution - No Children$150.00
Motion to Convert to Dissolution to Divorce$50.00
Legal Separation$200.00
9 more rows

How long after a dissolution can you remarry in Ohio? ›

In Ohio, the waiting period is relatively short, typically around 30 days from the date your divorce decree was issued. However, it's essential to confirm this with the court, as the exact length may vary depending on your circ*mstances.

Why is divorce so expensive? ›

What makes a divorce so expensive has a lot to do with conflict and disagreements. Frequent miscommunication doesn't help to lower costs, either. If you can handle your case using an alternative method to litigation, you're likely to find yourself saving some money.

How long does summary dissolution take? ›

The court will approve your summary dissolution and it will be final in six months.

What is a wife entitled to in a divorce in California? ›

A wife in California can be entitled to up to half of the assets in the marriage along with up to 40% of their partner's income for child support, spousal support, and primary child custody.

How long is a dissolution in Ohio? ›

By law, a dissolution must be completed within 30-90 days from the day the case is filed with the court. In order to file for a dissolution in Ohio at least one of the spouses must have been a resident in the State of Ohio for at least 6 months before filing the case.

How soon can I get a divorce? ›

You can only file for a divorce once you have been married for at least 12 months. Thankfully, there are ways in which you can separate from your partner if you no longer want to be married to them.

What is the 10 year rule in divorce in Texas? ›

The 10-year rule stipulates that a spouse may seek spousal support if the marriage lasted 10 years or longer. However, meeting this duration requirement does not automatically guarantee spousal support but rather makes it a possibility that the court will consider.

What is the dissolution of marriage by divorce? ›

Dissolution is the formal, legal ending of a marriage by a court, commonly called a divorce. A dissolution of marriage completely ends your legal relationship as spouses and ends your marriage.

What is the difference between separation and dissolution of marriage? ›

Dissolution of marriage judgments terminate the marital status of parties, while parties that receive a legal separation judgment are still legally married to each other.

How long does an uncontested divorce take in Kentucky? ›

Luckily, the process of uncontested divorce is generally much shorter than a contested divorce. This is mostly due to the absence of court hearings and divorce proceedings. It usually takes anywhere from 60 to 90 days after you submit your divorce papers to receive your final divorce decree from the court.

What is administrative dissolution in Kentucky? ›

Involuntary/Administrative Dissolution – The Secretary of State may administratively dissolve a business entity for non-compliance with various Kentucky business laws. An administratively dissolved business may not carry on any business except that necessary to wind up its affairs and liquidate its assets.

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