In Ohio, couples who want to end their marriage have two main options: dissolution or divorce. Dissolution is generally the smoother path because it requires both spouses to agree on all the key issues—property division, debt allocation, parenting time, child support, and spousal support. That agreement is put into writing in a separation agreement, which both spouses must sign. But what happens when one spouse refuses to sign? At Garretson & Holcomb, LLC, we have seen how one spouse’s refusal can completely change the process. Knowing what the law requires and what alternatives exist is essential for protecting your interests and moving forward.
Legal Requirements for a Dissolution in Ohio
Under Ohio law, a dissolution is only possible when both spouses reach a complete agreement. This is what makes it different from divorce. With dissolution, you and your spouse are essentially telling the court, “We’ve resolved everything—just make it official.” For that reason, both parties must sign the separation agreement before the court will even schedule a hearing. If your spouse won’t sign, you cannot proceed with a dissolution. It is not a one-sided process, and no judge can step in to force the missing signature.
The law is strict because dissolution is meant to be a voluntary, cooperative process. The court’s role is simply to confirm that the agreement is fair, lawful, and in the best interests of any children. When one spouse refuses, the court cannot rewrite the agreement or impose new terms. This requirement protects both parties but also means dissolution is impossible unless both are genuinely willing to participate.
Options When a Spouse Refuses to Sign
If your spouse refuses to sign the separation agreement, you still have options. The first is to attempt further negotiation, often through mediation. Mediation gives both spouses the chance to revisit disputed issues with the help of a neutral third party. Sometimes, refusal stems from misunderstanding or lack of clarity in the agreement. Other times, it may reflect a genuine disagreement about finances, property, or parenting plans.
Mediation can be especially valuable because it provides a structured environment where each spouse has a chance to be heard. Many couples find that a skilled mediator helps reduce conflict and creates room for compromise. In some cases, the presence of attorneys in mediation makes spouses feel more secure about the fairness of the process. At Garretson & Holcomb, LLC, we often recommend mediation as a first step before turning to litigation.
If mediation does not work, you may have no choice but to file for divorce. Unlike dissolution, divorce does not require full agreement before the case begins. Instead, the court will step in to resolve the issues spouses cannot agree on. This is often the only path forward when one spouse refuses to cooperate in good faith. We regularly guide clients through this shift, helping them transition from dissolution to divorce while keeping their goals in focus.
How This Impacts the Timeline and Costs
When both parties sign a separation agreement, dissolution is relatively quick—often just a few months from filing to final hearing. But if one spouse refuses to sign, the process stops. There is no way to push the case through as a dissolution. Filing for divorce, on the other hand, typically extends the timeline significantly. Divorces often take six months to a year and a half depending on the level of conflict, how crowded the court’s schedule is, and whether experts such as custody evaluators or financial professionals need to be involved.
Costs also increase with a divorce. Dissolution tends to be less expensive because it avoids contested hearings and lengthy court involvement. A divorce requires more attorney time, court filings, and possibly expert testimony, all of which drive up expenses. While it may feel frustrating when your spouse refuses to sign, it is important to understand that a contested divorce is the only viable alternative in many situations.
The financial impact goes beyond attorney fees. Divorce can mean additional costs for appraisals of homes or businesses, guardian ad litem fees in custody disputes, and ongoing temporary support orders that do not arise in a dissolution. This is why many clients prefer to invest in mediation or early negotiation before the refusal hardens into full litigation.
Preventing Disputes Before Filing for Dissolution
One of the best ways to avoid a spouse’s refusal is to plan carefully before filing for dissolution. Open communication early in the process can prevent many disputes. Both spouses should be involved in discussing terms, ideally with the assistance of attorneys. Drafting the separation agreement collaboratively increases the likelihood of cooperation later.
Another option is to use mediation before filing for dissolution, rather than waiting until problems arise. Mediation allows spouses to resolve difficult issues in a structured setting, which can lead to a stronger agreement both are willing to sign. At Garretson & Holcomb, LLC, we encourage clients to involve legal counsel early, so that the agreement reflects both parties’ needs and reduces the chance of conflict.
It can also help to approach the process with realistic expectations. Many disputes come from one spouse feeling pressured or fearing an unfair outcome. When each side feels heard and supported, there is a greater chance they will follow through and sign. Clear legal advice, combined with early communication, is the most reliable way to keep the dissolution process on track.
FAQ
Can I file dissolution paperwork without my spouse’s signature?
No. In Ohio, both spouses must sign the separation agreement before a dissolution can move forward. Without both signatures, the court will not accept the case.
What’s the difference between dissolution and divorce in contested cases?
Dissolution requires complete agreement from the start, while divorce allows one spouse to move forward even if the other contests the terms. In divorce, the court makes final decisions on disputed issues.
What happens if my spouse signs but later revokes consent?
If your spouse changes their mind before the dissolution hearing, the process ends. You would then need to file for divorce to continue toward ending the marriage.
Final Thoughts
A spouse’s refusal to sign a separation agreement can be frustrating and emotionally draining, but it does not mean you are stuck in your marriage. In Ohio, dissolution only works when both parties agree, but divorce is available when cooperation is impossible. At Garretson & Holcomb, LLC, we work with clients in West Chester, Liberty Township, Hamilton, Mason, Lebanon, and across the region to explore every option, whether that means negotiating further, pursuing mediation, or transitioning to divorce. Our goal is to protect your rights, preserve your peace of mind, and help you move forward. If you are facing this situation, call us today at (513) 863-6600 to discuss your next steps.
