Knowing When Divorce is the Best Option

Divorce or Dissolution?

Usually, ending a marriage through dissolution is the easiest route. But sometimes, you have no choice but to file for divorce, especially when things are really tense between the two of you.

For example, if the main earner in the family stops providing financial support, the other spouse might struggle to pay for the house, utilities, insurance, and everyday needs like food, clothes, and transportation.

And if you have kids, it gets even more complicated with issues like parenting time and decision-making. In these cases, filing for divorce and asking for temporary support and parenting rights is often the only way to get immediate help.

Custody Issues

If there are urgent issues with custody, filing for divorce is the way to go. For instance, if your spouse is threatening to take the kids away or refusing to let you see them, you’ll need the court's help right away. Filing a complaint for divorce and asking for temporary relief or restraining orders can protect your rights. This is also necessary when you and your spouse can't agree on how to share parenting time or make decisions about the kids.

Other Issues

Another reason to file for divorce is if one spouse might waste marital assets or threaten the other spouse or children. In Ohio, Rule 75(I) lets courts issue temporary restraining orders to prevent harm and asset wasting during the divorce case. Some courts automatically issue these orders when a divorce complaint is filed, so it's important to check your local rules.

Sometimes, divorce is the only option when one spouse refuses to negotiate, if both spouses can't agree on a settlement, or if one spouse can't be found. In these cases, filing for divorce is the only way to legally end the marriage.

Divorce might also be necessary if you need subpoenas or other legal tools to get information about property or income, especially if your spouse is uncooperative or hiding assets.

Once you file for divorce and the initial crisis is handled—whether through restraining orders, temporary support, or legal discovery—you can often start negotiating. This can lead to an agreement outside of court on property and other divorce-related issues. So, filing for divorce can sometimes be the first step towards reaching a settlement.