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

Find courts and helpful resources in your community.

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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

What is the fastest dissolution of marriage? ›

If you're able to come to an agreement with your spouse about custody, visitation, spousal support, and division of property, your divorce can proceed through divorce court rather quickly. The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce.

What is the walkaway wife syndrome? ›

So, what exactly is walkaway wife syndrome? In essence, it refers to wives who become so emotionally disconnected and dissatisfied with their marriages that they eventually decide to leave—often after years of built-up resentment.

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.

How long does a dissolution take in California? ›

A summary dissolution is a simpler way to end a marriage or domestic partnership for couples who qualify and are able to work together. A summary dissolution becomes final 6 months after you file with the court.

What is the shortest time for a divorce? ›

A divorce that is no-fault and uncontested will be the fastest way to get divorced because you're agreeing with your spouse about everything. Depending on your state, your divorce could take from one to several months.

What is the quickest divorce ever? ›

1 Kuwaiti Couple – 3 Minutes

The pair that takes the crown for the shortest marriage in history is, shockingly, not a celebrity couple. In a story that shook the internet, a Kuwaiti couple divorced less than three minutes after tying the knot.

What is the #1 cause of divorce? ›

Lack of Commitment Is the Most Common Reason for Divorce

That's why it is not surprising that a lack of commitment could spell disaster for a couple. In fact, 75% of individuals and couples cited lack of commitment as the reason for their divorce.

What is silent divorce? ›

A “silent divorce” or an “invisible divorce” generally refers to the same concept. Both phrases describe a situation where a married couple remains legally married but has effectively ended their emotional and often physical relationship.

What is miserable husband syndrome? ›

Miserable Husband Syndrome or Irritable Male Syndrome is when a man experiences hypersensitivity, anxiety, frustration, and anger due to the decrease in testosterone caused by aging (andropause), certain medications, or abnormally-high levels of stress.

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.

How long can a spouse drag out a divorce in Texas? ›

Even if you and your spouse quickly resolve these issues, you have to wait at least 60 days from the filing of the divorce petition before the court will grant a divorce. Section 6.702 of the Texas Family Code mandates this 60-day waiting period.

Who gets the house in a divorce in Texas? ›

Family Code Chapter 3 indicates that Texas property is typically equally divided. Community property, however, includes real property which cannot be divided, which means both spouses must decide the value of the marital home and property in order to determine how equity and debt will be split.

What are the steps of dissolution? ›

Energetically the dissolution of a solid into a solvent to form a solution can be envisioned to occur in three steps. Step 1: Separation of pure solid into separated particles. Step 2: Separation of pure solvent into separated particles. Step 3: Combining the particles into a solution.

Do you need a lawyer for a summary dissolution? ›

You don't need to hire a lawyer to complete a summary dissolution, and you can represent yourself during the process. Even though the process is simpler than traditional divorce, one or both spouses or partners can hire attorneys to help them through the divorce.

What is the difference between a summary dissolution and a regular dissolution? ›

While a regular dissolution is the same thing as a divorce, a summary dissolution is a shortened version of the process. Couples who qualify for a summary dissolution are not required to fill out as much paperwork, and they do not need to appear in court for a trial.

What is the legal dissolution of marriage by a court? ›

A divorce (also called "dissolution of marriage" or "dissolution of domestic partnership") is a legal proceeding that ends your marriage and/or domestic partnership.

What is the longest marriage that ended in divorce? ›

With just two years away from their 100th birthdays, the Woods received their decree absolute and went their separate ways. An honorable mention goes to an Italian couple, 99-year-old Antonio and his 97-year-old wife Rosa who divorced after 77 years of marriage after discovering an affair she had in the 1940s.

How long does a dissolution of marriage take in Florida? ›

A simplified divorce may take 30 days. An uncontested divorce may range from 4 to 6 weeks. A contested divorce may take up to six months, a year, maybe several years depending on the disputes within the marriage.

Which generation has the highest divorce rate on record? ›

The Baby Boom generation refers to those born between 1946 and 1964. Boomers have the highest divorce rate in recorded U.S. history.

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