Dissolution
The difference between a Divorce and a Dissolution is that in a Divorce, the parties are in disagreement concerning at least 1 issue involved in the termination of the marriage. In a Dissolution, the parties have agreed upon each and every issue prior to the filing of any action with the Court including but not limited to the division of marital assets, custody (residential parentage), parenting time (visitation), child support and spousal support (alimony). In a Dissolution, the parties enter into a Separation Agreement which specifies all of the terms of the termination of the marriage, and asks the Court to accept these terms and make them a final Order of the Court. A Dissolution is much more economical and can be completed within 90 days from the filing of the initial Petition for Dissolution with the Court. Divorce is, at least initially, an “adversarial” type of proceeding in which the parties are legally terminating their marital relationship, and are in disagreement as to at least 1 issue. In a Divorce, the parties may conduct extensive “discovery” to determine the value of assets and liabilities, find “hidden” assets, determine what is in “the “best interests” of the children, and determine the appropriate ground or reason for the divorce. The Court and parties will review and value all of the assets and debts of the parties, including separate, inherited, pre-marital and marital assets and debts. The Court will divide and assign values to each and every marital asset and debt of the parties. The Court will also rule on all issues relating to the minor children of the parties including the future residence(s) and\or schools for the children, the parents’ involvement in decision making for the children, support for the children, medical insurance for the children, and the use of dependency exemptions. Divorce may also involve issues concerning support of the former Husband or Wife (Also see Spousal Support (Alimony) section of this website).
At any time after the filing of a Divorce the parties may “settle” the pending issues and thus avoid the expense and time in having the Court “decide” or make Orders regarding those issues after an actual evidentiary trial. If the parties settle, they may agree upon the terms of an Agreed Order and ask the Court to approve said terms. In a contested Divorce trial, the parties present evidence to the Court on all disputed issues. These issues could range from “every” issue which could possibly be before the Court, to the submission of just 1 issue such as “custody”, or the valuation of marital interest in a particular asset such as a family business. It is absolutely critical for anyone involved in the termination of a marriage to obtain experienced legal advice when trying to figure out whether a Dissolution or Divorce is best for them.