Divorce or Dissolution?

Can I get a dissolution instead of a divorce?

Hopefully, yes.  A dissolution is a process of obtaining a divorce. It is faster, cheaper, less adversarial, and better for your long term emotional and mental health. You may not be lucky enough to qualify though. Only certain couples who are on the same page with most things can qualify.

First some basics. A dissolution IS a divorce. It achieves all of the same things; a separation of property debts, and assets, a determination of parenting time, and child custody and spousal support, if applicable. A dissolution is merely a different process of obtaining divorce.

A dissolution is based on the mutuality of the parties’ content. Without fraud or lack of informed consent, a dissolution agreement will be entered into and honored by the courts in nearly all circumstances. In a divorce case, where a divorce is granted, not only may the trial court reject a separation agreement as being unfair, the court may make its own determination regardless of the parties’ wishes.

In a dissolution the court cannot grant the dissolution unless the parties have entered into a separation agreement. The separation agreement is the heart of the process. This is what sets out the division of assets, debts, and expenses, and determines how you and your spouse will divorce. This must be complete before a dissolution can even be filed. Once filed, the court must set the matter for hearing between thirty to ninety days from the date of filing.

The complete separation agreement is the tricky part. If you and your spouse are fairly close on how you want your assets divided and parenting time allocated, then an attorney can assist in getting you to the finish line and having a complete agreement. If you’re too far apart, or there are some things you and your spouse are simply not willing to compromise on, then a dissolution is not right for you.

By: Nicholas P. Weiss, Esq.