Divorce And Dissolution: What Is The Difference?
The terms divorce and dissolution are often used interchangeably. Both divorces and dissolutions result in the ending of a marriage, but they are not the same thing. In a dissolution, both partners ask for a court to terminate their marital union. The spouses are required agree and to present the court with a written settlement agreement. All of the marital issues must be addressed in the agreement. This includes things such as child visitation, custody and support, debts, taxes, fees, property division. The court will hold a final hearing 30 to 90 days after the dissolution is filed. Dissolution is dependent upon good negotiation and exchange of information.
A divorce is where one spouse sues the other one and asks the court to terminate the marriage. You must have “grounds” or a legally sufficient reason for a divorce. The person who files for divorce also asks the court to determine how the property will be divided, child custody arrangements and child support payments. There are certain protections that come along with filing for divorce that you would not get if you were filing for dissolution. This includes things such as temporary support orders and temporary restraining orders.
Which One Is The Better Option?
Because situations can vary, one option is not necessarily better than the other. While it may be better for some couples to dissolve their marriage, divorce is the better option for other couples. In order for a judge to grant a dissolution, both parties must agree to end the marriage. They must also agree on how the property and debt will be divided, support for minor children and parenting arrangements. Additionally, they must submit all of the necessary documents so that their marriage can be terminated. If one of these issues is not addressed or the appropriate documents are missing, then the judge will not grant a dissolution.
Divorce is the only option if a couple cannot come to an agreement on all the issues. A divorce will take longer than a dissolution. It also usually costs a lot more than a dissolution. I will help you decide which option is best for you.
Call Attorney Brent Handa today!