Dissolution vs Divorce

[KirstyMcDonald 49]

Hi there! My wife and I are in the process of divorcing. We are still collecting paperwork and I wanted to ask if anyone knows if it is required to have a DIVORCE or whether a dissolution will be okay. In Ohio, divorce and dissolution have the same legal implications, but the process is different. In dissolution, both parties agree on everything and present it to the court jointly and the court signs it off and dissolves the marriage, just like divorce without the proceedings. My wife and I would be comfortable with this as we agree on everything, but I wanted to make sure that a decree of dissolution will be interpreted by USCIS in the same way as divorce ie legally terminated marriage- has anyone got any experience with this? I read a case that said they would interpret based on state law, and since they are considered the same in OH, I hope USCIS will also consider them the same, but will go through divorce if having the word divorce instead of dissolution is preferable for USCIS. 

 

Thanks for your help!

[AJ2019 58]

4 minutes ago, KirstyMcDonald said:

Hi there! My wife and I are in the process of divorcing. We are still collecting paperwork and I wanted to ask if anyone knows if it is required to have a DIVORCE or whether a dissolution will be okay. In Ohio, divorce and dissolution have the same legal implications, but the process is different. In dissolution, both parties agree on everything and present it to the court jointly and the court signs it off and dissolves the marriage, just like divorce without the proceedings. My wife and I would be comfortable with this as we agree on everything, but I wanted to make sure that a decree of dissolution will be interpreted by USCIS in the same way as divorce ie legally terminated marriage- has anyone got any experience with this? I read a case that said they would interpret based on state law, and since they are considered the same in OH, I hope USCIS will also consider them the same, but will go through divorce if having the word divorce instead of dissolution is preferable for USCIS. 

 

Thanks for your help!

You should not have any issues as both divorce and dissolution results in a termination of marriage and that’s only the only thing they would be looking at. 

[Mike E 11,740]

If both parties agree to dissolution then why not keep it simple and do an uncontested divorce? Then there is no ambiguity or misunderstanding.  

[Skyman 327]

1 hour ago, Mike E said:

If both parties agree to dissolution then why not keep it simple and do an uncontested divorce? Then there is no ambiguity or misunderstanding.  

That's what a dissolution is. Everything is agreed on and only one lawyer is involved who represents one of the parties.  If a second lawyer is involved it becomes contested and the stuff hits the fan.

It can be done without a lawyer at all but it's probably worth it to have one since it's cheap enough.

Edited June 6, 2021 by Skyman

[Mike E 11,740]

5 hours ago, Skyman said:

That's what a dissolution is. Everything is agreed on and only one lawyer is involved who represents one of the parties.  If a second lawyer is involved it becomes contested and the stuff hits the fan.

It can be done without a lawyer at all but it's probably worth it to have one since it's cheap enough.

Is the content in this link not correct:

 

https://www.divorcewriter.com/ohio-dissolution-and-divorce-differences

 

Dissolution
Case Type: Your case must be uncontested.
Signing: Both spouses must sign the dissolution papers.
Court Hearing: Both spouses must attend.

Divorce
Case Type: Your case can be contested or uncontested.
Signing: Only one spouse has to sign the divorce papers, but the divorce will be finalized quicker if both do.
Court Hearing: Only one spouse is required to attend.

[Scandi 4,168]

Choose whichever works the best for you, both are fine. The i-751 instructions even mention annullment, so dissolution is not an issue if you choose to go that route. 

[USC4SPOUSE 506]

@KirstyMcDonald after reading all the responses it seems reasonable that a dissolution would be OK. If I were in your shoes, I would reach out to an immigration lawyer and ask that question during a free consultation.

 

[top_secret 2,447]

I think California law only allows for dissolution.  In this state it's either dissolution, annulment, or death to end a marriage.  Certainly my "divorce" from my ex is listed as dissolution on the decree and USCIS was perfectly fine with that.

[P0907 127]

12 hours ago, Mike E said:

Is the content in this link not correct:

 

https://www.divorcewriter.com/ohio-dissolution-and-divorce-differences

 

Dissolution
Case Type: Your case must be uncontested.
Signing: Both spouses must sign the dissolution papers.
Court Hearing: Both spouses must attend.

Divorce
Case Type: Your case can be contested or uncontested.
Signing: Only one spouse has to sign the divorce papers, but the divorce will be finalized quicker if both do.
Court Hearing: Only one spouse is required to attend.

The process is slightly different, the result is the same - termination of marriage.