Most people interchange the term divorce with dissolution and vice versa. Are you one of them who think both the legal terms are the same? Then, I’m afraid you have a misconception. Divorce and dissolution are two different procedures for ending a marriage.
And, in this article, we will be explaining what both the terms are and the difference between them. So, let’s scroll down and find out:-
What is Divorce?
A divorce is a legal decree that terminates a marriage. One of the spouses must file a fault divorce against their partner by claiming they are at fault for the marriage breakdown. Fault-grounds are legally acceptable in most states.
The fault-divorce can be under the following conditions:
- Spouse involved in the act of infidelity
- Absence for more than one year
- Habitual drinking
- Neglect of marriage duties
- Extreme cruelty
In addition, court will not grant a divorce if a witness supports all the claims made by one spouse against their partner.
How Does A Divorce Work?
One partner must file a complaint in court to get a divorce from the spouse, as mentioned above. After that, they will serve the papers to another party.
The complaint filing party may ask the court to give temporary divorce orders during the proceeding of the case. The goal of these orders is to avoid any conflicts while the case is in court.
These orders could also be to financially support one partner who was previously dependent on their spouse. So, the temporary orders may include the child and spousal support. The court may order one spouse to refrain from physically & verbally harassing the other spouse if needed.
There will be hearings to determine if the temporary requests are genuine and make sure the orders are executed and followed by both spouses.
As the divorce matter is in the judge’s hands, both spouses have every right to investigate each other’s assets so that everything they can divide everything equally post divorce. Professionals can help evaluating the worth of an asset, such as real estate. With the use of subpoenas, you can bring these professionals to court.
If you remember, if the divorce is mutually worked out, both parties can avoid the much longer process. Both spouses agree on a detailed agreement that illustrates the division of property, child, and spousal support, which could be submitted to the court for final approval. Otherwise, be ready for hearing after hearing in the court, and make sure you have a deep pocket.
What is Dissolution?
It is a legal term for divorce when both the spouses mutually agree without a conflict. Both the spouses decide on the division of property, child custody, and alimony without any interference from the court. It is often the fastest and hassle-free princess to get a divorce. The dissolution of marriage option is widely preferred as it shortens the gap between filing of divorce and its official acceptance, thus saving money on attorney’s fees.
In dissolution, negotiation sessions are held between both spouses as they agree on various aspects of divorce, right from property division to child custody. When everything is worked by mutually, both will ink the agreement, and then they will submit to the court.
Finally, a quick court session would be held for the acceptance of divorce. Dissolution is a smooth and streamlined process compared to divorce, as there are objections and conflicts involved.
How Does A Dissolution Work?
First things first, both the spouses must agree on getting a divorce and moving on to a better life. After this, both parties have to sit down and negotiate on the division of property, child custody, and alimony. While all these negotiations take months in .court, you two can resolve it in a matter of a few hours. It would be best to have an attorney by your side who is knowledgeable so that the best internet of yours is put forward and save you from any rash decisions.
If there is conflict on something, then a mediator can be brought in to resolve the issues, rather than battling it out in court. Partners can hold multiple discussion sessions to reach an agreement. It is indispensable that both parties should be flexible and ready to agree on things.
Otherwise, the matter gets escalated and needs the interference of the court for a settlement. You can also seek the help of a qualified attorney for submitting the marital agreement mutually signed by both parties in the court and get the divorce right away.
Grounds on Filing a Divorce
A divorce is a legal complaint made by one spouse for their partner. Here are the following grounds for getting a divorce:-
- Willful absence for more than one year.
- Partner is involved in adultery.
- Extreme cruelty.
- Habitual drinking.
- Any neglect of marriage duty.
Remember, any complaint you make against your partner will be contested, and you have to prove it.
Grounds on Filing a Dissolution
In dissolution, both the spouses jointly file the petition for divorce in court. They request the court to terminate the marriage and accept the separation agreement mutually signed. Just like divorce, the dissolution has to be filed in the family court.
Divorce Vs. Dissolution
Dissolution of marriage vs. divorce has a lot of differences between one another. The significant difference between divorce and dissolution of marriage is that the latter eliminates much of the lengthy process and expenses involved. One spouse has to be held guilty in divorce in divorce, and the other spouse has to defend it. On the other hand, dissolution is a no-fault divorce.
A dissolution petition is not filed in the court until both spouses agree on all the legal issues that need to be addressed in a divorce. These matters include division of property, child custody, payment of debris, and alimony. The parties can mutually negotiate on things without any pressure.
However, you can hire professionals for the valuation of the property. Both the spouses must be present in the court to testify to the agreement and provide full disclosure of liabilities & assets. When both parties structure the agreement and submit it to the court, the final hearing could be held in the next 30-90 days.
In the case of divorce, it is hard to tell how long it takes. It depends on the details of your case and situation. Typically, it takes approximately more than six months if the conflicts are high. Aspects, such as the length of time consumed in finalizing the divorce, can take even longer if the contest is intense and no party wants to step back.
In a nutshell, the most crucial difference between divorce and dissolution is the court’s involvement. Therefore, you can avoid all the lengthy hearings in dissolution, and the best part is that the end of a marriage is official, the way it’s in divorce. Dissolution is unarguably the most cost-effective means to end a marriage. Further, it is the quickest and least emotionally draining procedure to terminate the marriage. Both the spouses can have the attorneys appearing in the court if they agree on everything.
In the end, we suggest you should first talk to your spouse before filing a fault divorce. The reason being, even if you prove your partner guilty, nothing will change in terms of alimony, property division, and child custody.
So, why take the extra headache, and spend big money on an attorney for each session. However, if things do not work out, you can file the divorce in court, but it should be the last option you have.
Let’s Wrap Up
Finally, if you’ve any queries or doubts regarding divorce or dissolution and how both work, you must consult a legal specialist. A family law attorney has all the experience and knowledge to help you choose an option in your best interest. The court proceedings are complicated if you are filing a divorce, but your attorney can be a great help to you. Similarly, in a dissolution, they could play the crucial role of strategically negotiating on your behalf. It is essential to research and narrow down your decision on a trustworthy family lawyer to get your money’s worth.