There comes a time in many marriages when couples decide that they want to go their separate ways. Thus, two main legal processes are available to do so: dissolution vs divorce. Divorce and dissolution both end a marriage, but they vary in process, requirements, and consequences. So, in this article, we will discuss these differences in detail to clear up any confusion.
Definitions
Divorce is the formal termination of a marriage. That very often might consist of one spouse filing a petition with the court citing what’s known as grounds for divorce, which can be a fault-based reason such as adultery or extreme cruelty or no-fault reasons like irreconcilable differences.
By contrast, dissolution is a no-fault divorce. This requires both spouses to agree on all aspects of their separation before filing for divorce, including property settlements, custody of any children, and support payments. Dissolution can be a more amicable, less contentious route than divorce.
Dissolution vs Divorce: Key Differences
1. Grounds for Termination
In some states, including Ohio, one spouse must state a cause or reason for a divorce. These grounds can include:
- Habitual drunkenness.
- Extreme cruelty.
- Over one year of separation/living apart.
This creates hurdles since it requires that each party demonstrate fault to ground their case.
When it comes to dissolution, neither party needs to prove fault in this process. It is predicated on joint consent that the marriage has irretrievably broken down. Parties must negotiate and resolve all issues surrounding their separation before they file.
2. Process and Court Involvement
The divorce process normally contains:
- Filing a petition with the court that states the reasons for divorce.
- Ongoing court hearings that might result in temporary orders for both custody and support.
- Potential trials if negotiations regarding a dispute fail.
Divorce, therefore, is lengthy and can often take from six months to over a year to finalize, irrespective of what your situation was when you handed the petition in as far as child arrangements are concerned, due to how involved the court is from day one.
The dissolution process is typically faster and less formal. It involves:
- Negotiation outside the court.
- Filing a joint petition once the two come to an agreement.
- A hearing at which the parties are then presented to the court for settlement approval.
When both parties remain in agreement, the dissolution process can take just one to three months after it has been filed.
3. Cost Implications
Because of how complicated and adversarial divorce can be, it can cost significantly more. Expenses could be anything from attorney suing fees, court filing and mediation fees, and discovery processes fees (e.g., asset valuations).
Dissolution can be much less expensive and avoids many of the costs that tend to accompany a contested divorce. Since this type of mediation substantially involves less court action and fewer legal costs related to arguments, it is usually a more economical option for couples.
4. Emotional Impact
Divorce is often contentious, which can cause you and your partner emotional pain because of disputes over custody and property division issues. It can increase tension between spouses as attorneys are involved in lengthy court proceedings.
Dissolution is a mutual agreement that makes it easier for the parties to go their separate ways. Couples who go this route frequently say they feel happier with the outcome because they are in charge of that decision.
Dissolution Of Marriage vs Divorce: Which One to Choose
Choosing between divorce and dissolution depends on various factors:
Choose Divorce If:
- There are significant disagreements about asset division or child custody.
- One spouse is unwilling to agree to terms.
- There are concerns about domestic violence or financial misconduct.
Choose Dissolution If:
- Both spouses agree to end the marriage.
- They can negotiate terms amicably without court intervention.
- They prefer a quicker and less expensive resolution.
Dissolution vs Divorce: Final Thoughts
Couples who are considering ending their marriage need to understand the difference between divorce and dissolution. Though both ultimately accomplish the same legal end (the termination of a marriage), the processes are very different: From grounds to court involvement, cost of each process, the effect on the parties emotionally and effect on marriage itself. Couples should evaluate their particular circumstances, possibly with advice from legal experts, to choose which option is more appropriate.
Consulting with a qualified family law attorney is always advisable, as every situation has its own unique set of circumstances. Furthermore, knowing about each process, whether you are choosing divorce or dissolution, will help ensure that the decisions that are made in this difficult time are the best possible for everyone.
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Sources:
- www.shurlaw.com/whats-the-difference-between-divorce-and-dissolution/
- www.ohiolegalhelp.org/topic/end_marriage
All images from pixabay.com
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