Divorce vs Dissolution
Divorce and dissolution are terms that seem similar in meaning and concept, but they have some differences when it comes to legal application. Both result in the termination of a marriage, but they vary in procedure and concept. The effects of both divorce and dissolution are quite similar in many ways, as the court passes orders on matters such as alimony, child custody, child support, and marital property. In both cases, the couple is separated. Couples who wish to end their marriages can choose between divorce or dissolution based on their understanding of the circumstances and consequences.
Key Takeaways
- Divorce is based on fault grounds, while dissolution is based on no-fault grounds.
- Divorce cases are generally more expensive and time-consuming than dissolution cases.
- Dissolution is filed in court only after the two parties have come to an agreement, making it a less contentious option for ending a marriage.
What is Divorce?
Divorce is granted by a court based on the findings of fault by one party or the other. Fault grounds are legally acceptable reasons for ending a marriage, such as adultery, incarceration, excessive cruelty, alienation of affection, and willful absence for more than a year. Divorce cases can be expensive and time-consuming, as all decisions are made in court.
What is Dissolution?
Dissolution is a divorce based on no-fault grounds, meaning that it is not granted by the court on the basis of findings of fault by one party or the other. When disagreements continue to exist between the couple, making continuing the marriage impossible, they may opt for dissolution if they have a good understanding of each other. Dissolution is filed in court only after the two parties have come to an agreement about ending the marriage, which includes factors such as designation of a residential parent, parental rights, visitation, child support, spousal support, division of property, payment of debts, and payment of attorney fees. This procedure is less expensive and shorter than divorce.
What is the difference between Divorce and Dissolution?
The main differences between divorce and dissolution are:
- Divorce is based on fault grounds, while dissolution is based on no-fault grounds.
- Fault grounds for divorce include adultery, incarceration, excessive cruelty, alienation of affection, and willful absence for more than a year. The ground for dissolution is the continued difference of opinion, which makes continuing the marriage impossible.
- A divorce case is first filed in court and agreements are made while the case is being heard. Dissolution is filed in court only after agreements are made between the two parties.
- The cost involved in divorce is generally higher compared to the cost involved in dissolution.
