When a marriage comes to an end, couples are often faced with the challenging task of navigating the legal process to terminate their union. At Wood & Long, LLC, we frequently encounter clients who ask about the distinction between a divorce and a dissolution. While both serve as legal avenues to end a marriage and require the division of assets, debts, and determination of support obligations, they differ significantly in their level of court involvement. In this blog post, we will delve into the key dissimilarities between the two processes and shed light on how to choose the most suitable path for your unique situation.
Dissolution:
In a dissolution, both parties agree on all terms pertaining to the end of their marriage. This agreement can be reached through direct communication between the spouses, with the assistance of their respective attorneys, or via alternative dispute resolution methods like private mediation. The process is characterized by cooperation and mutual understanding.
To formalize their arrangement, the parties enter into a Separation Agreement, which is then incorporated into the Decree of Dissolution. This agreement covers property division, debt allocation, and spousal support obligations. In cases where children are involved, custody and child support matters are addressed, and the parties may opt for a Shared Parenting Plan, which is incorporated into a Decree of Shared Parenting. The final hearing can be held at the courthouse or facilitated by a private judge.
Divorce:
On the other hand, a divorce indicates that the parties are unable to agree on some or all aspects of the termination of their marriage. This does not necessarily mean the process has to be contentious; it simply signals that court involvement is necessary to resolve issues related to property, debts, parental rights and responsibilities, or support.
The divorce process may lead to a trial, during which a judge or magistrate makes decisions on the unresolved matters. However, it is also common for the parties to reach a settlement while the divorce is pending. In such cases, the parties can request the court to adopt their settlement agreement and make it a binding order of the court through an uncontested divorce hearing.
When navigating the complexities of divorce or dissolution, consulting with an experienced family law attorney is crucial. At our Wood & Long, LLC, we offer compassionate support and legal guidance to help you understand the advantages and drawbacks of each approach. Our team will work with you to assess your unique situation and determine the best course of action for terminating your marriage.
If you are contemplating a divorce or dissolution, our team of dedicated family law attorneys is here to assist you. Call our office at (614) 567-3031 to schedule an initial consultation. Together, we'll help you make informed decisions and work towards the best resolution for your unique situation.
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