Which option – divorce or dissolution – is typically considered more amicable or less contentious?
What is the Difference between Divorce and Dissolution?
Marriage is a beautiful relationship between two individuals who promise to love each other for a lifetime. However, unfortunately, not every marriage is meant to last forever. When a marriage falls apart, couples have to go through the legal process of separating their lives, assets, and responsibilities. In the United States, this process is typically referred to as either divorce or dissolution, but what is the difference between these two procedures?
Let’s explore the nuances of both divorce and dissolution.
Divorce
Divorce is the legal process in which a married couple terminates their marriage. It is also the most common method of legally ending a marriage. In a divorce, the court divides property, assigns debts, and may order spousal maintenance and child support. Divorce can be initiated by either the husband or wife, and it can be a contested or uncontested process. A contested divorce is a process where the spouses cannot agree on one or more issues such as property division or child custody. On the other hand, an uncontested divorce is simpler and quicker because the spouses agree on all the issues involved.
Dissolution
Dissolution is a legal process where both parties voluntarily agree to terminate the marriage. It is often referred to as an amicable divorce because the couples mutually agree on all the terms of the separation, including property division, spousal maintenance, and child custody. Dissolution is a quicker and more affordable option compared to divorce. Moreover, it allows the couples to have more control over their separation because they can jointly make decisions that are in their best interest.
The Main Difference between Divorce and Dissolution
In summary, the primary difference between divorce and dissolution is that divorce is a court-led process that divides property, assigns debts, and orders spousal maintenance and child support even in the cases of disagreement between the spouses, whereas dissolution is a process where both parties voluntarily come to an agreement on the terms of their separation.
Interactive Elements
Now that you have a better understanding of the differences between divorce and dissolution, let’s see how much you have learned with a quick quiz.
Quiz: Test your Knowledge!
Divorce and dissolution are two important legal terms that are often confused or used interchangeably. The two terms have different meanings, and knowing the difference between them is essential when dealing with the legal ramifications of the separation of a marriage.
Divorce is the legally binding dissolution of a marriage. It is a court-mandated process and is governed by the laws of the state in which the divorce is filed. Divorce requires that one or both of the parties file a petition for divorce in court. Generally, the petition asks the court to recognize that the marriage is no longer viable, which ultimately terminates the marital relationship. However, the courts can also consider various issues, such as child custody and division of assets, before granting a divorce.
On the other hand, dissolution is a voluntary process in which the parties mutually agree to end the marriage. Unlike a divorce, dissolution does not require a court order or involvement. The parties involved can arrange for an agreement, without the help of a court, regarding the termination of the marriage and other related matters such as division of property, spousal support and custody of any children. Once all agreements are made, the parties can file a petition to dissolve the marriage with the court.
In summary, divorce is the legal termination of a marriage by court order, while dissolution is a voluntary agreement between the parties to end the marriage without the need of a court order. Both processes provide the end result of dissolving the marriage, but the differences between the two should be noted when dealing with the legalities of the marriage.