Is Dissolution the Same as Divorce?
Posted on Aug 16, 2012 4:40pm PDT
It’s a common question. Dissolution is normally regarded as a divorce in most states. In fact, a divorce starts when one spouse files a petition of dissolution of the marriage. This petition is sent to the court by the spouse that has initiated the divorce, and is eventually signed by the other spouse to signify that both are on board. The divorces laws regarding these petitions are somewhat different in every state, but there are a few common threats. For one, in every state this petition is significant. The petition is filed in the county where the petitioner and/or defendant resides or the county where the marriage occurred. Sometimes a petition can be filed in a local circuit court. You will want to check on this with your lawyer before filing. Your attorney may want you to file a petition in a certain court because it will be more favorable to your case.
Once you have filed, you have identified yourself as the petitioner. Your petition will be served to the other spouse to being the court proceedings which are required to dissolve or end our marriage. Your spouse will be given a specific period of time to respond to the petition. In your paperwork, you will have to list your address and the address of your spouse, identify the children born in the marriage, determine the grounds for divorce, and declare the duration of the marriage. The grounds are issues like child custody, child support, spousal support, alimony, and property division. If you have a prenuptial agreement with your spouse, then you can invoke this now. If you don’t, then you will need to determine what grounds you believe are necessary and go from there.
The word “divorce” refers to the process by which two people legally terminate their marriage. Once that marriage has been terminated, and both partners are considered legally single, the marriage has been dissolved through“dissolution.” Outside of the legal community, the words divorce and dissolution are relatively interchangeable. Both refer to the legal termination of a marriage. On a legal level, there is a slight difference between the two terms. The termination of marriage has had several phases in the history of the United States.
Back in the day, there was a time when it was almost impossible to get a divorce. It wasn’t until people began to realize that marriage wasn’t entirely binding that divorce became an option. States slowly started to adopt divorce laws. In the beginning, to get a divorce the parties involved had to prove fault. This meant showing that if a spouse had committed adultery, abuse, or another offense that merited the divorce. In a lot of states, adultery, abandonment, and felony were the only three reasons that a divorce was permitted. It wasn’t until the 1970’s that ideals about divorce changed radically. During this shift, California opened up to the “no-fault” divorce, which eliminated the need to expose wrong-doing. When no-fault divorces were used, they were often called “dissolutions.” This is because the dissolution literally dissolved the bonds of marriages because their union was “irretrievably broken” or they were dealing with “irreconcilable differences.”
This history shows that dissolutions are normally no-fault divorces which end the bonds that marriage brings on. Not every state is the same, so whether you are dealing with a no-fault or at-fault marriage you will need to consult a legal expert to figure out how to file your position. Talk to a family lawyer to start your filing today and get the freedom that you need from an oppressive marriage!