Is Dissolution Different From a Typical Divorce of Separation Agreement?
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What
exactly is dissolution? Is this different from a typical Divorce or Separation
Agreement? How does the process work?
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Answers (1)
A marriage can be legally ended by either divorce or dissolution of marriage. There is no difference between dissolution or divorce. The dissolution must be preceded by a written separation agreement by both husband and wife. This document should address how the couple plans to deal with issues as child custody and visitation rights, providing that the couple has children. They may also include details on how they plan to split the assets and liabilities. A married couple may dissolve their marriage by filing a petition with the court along with a separation agreement attached. A hearing will be scheduled anywhere from 30-90 days and the parties must live apart for at least 30 days prior to the hearing. The judge will grant dissolution unless either party states that the agreement is unsatisfactory. This is a very simplified overview of the dissolution process. You should check with the laws governing the state where you reside.
A spouse may petition for a legal separation, if he or she is not ready to file for divorce. In some cases they may have religious objections to the stigma of divorce. Occasionally, they begin couples counseling in hopes of saving the marriage.
A divorce action is nearly always an adversarial proceeding. This most often occurs when the parties cannot agree upon the issues regarding how to split up the family, the property and any joint marital assets they have accumulated during the time of their marriage. Some divorces can be very quick and the entire process could be finalized within 6 months to a year. In complicated cases, some divorce proceedings can drag on for many years. If you need legal advice about which path is right for your situation, it’s best to consult with a divorce attorney who will be able to answer your questions from a legal perspective and the laws of your state.
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Posted by Linda Adams on 25 Jan 2010
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