What’s The Difference Between A Divorce and Dissolution

Although the outcome is typically the same—the end of a marriage—there is a substantial difference between a divorce and a dissolution. Each option involves different processes and requirements. If you are considering ending your marriage, a qualified attorney can help you decide which alternative may be better for you.

Divorce

A divorce requires grounds or a justification for ending the marriage. Examples of grounds include infidelity, abuse, and absence from the marital home for a year or more. Also, spouses might pursue a divorce if they cannot agree on how to resolve one or more outcomes like child custody or dividing assets.

A divorce attorney has the power to subpoena financial and other records to establish or prove grounds. A divorce can be a difficult and expensive process. It usually takes longer than a dissolution, but it is the most common way to end a marriage.

Dissolution Of Marriage

Dissolution is, essentially, a no-fault divorce. It is usually a less expensive way to end a marriage and often takes less time than a divorce. Dissolution avoids the usual court procedures involved in a divorce agreement.

A dissolution requires that both parties agree on all aspects that need to be resolved, such as property and asset division, child support, visitation rights, payment of debts, and all other issues. After both parties have agreed on every matter, the attorney handling the dissolution will file a petition with the court.

Both parties agree to disclose or trade information voluntarily. This means that neither party has subpoena power to compel disclosure of records from the other.

Once the parties file a dissolution petition, the court will hold a hearing within 30 to 90 days to confirm that both spouses want to end the marriage. Both parties must appear at this hearing and tell the court that they agree to every decision in the petition. Their appearance in court also confirms that they have signed the agreement voluntarily and fully disclosed all assets and liabilities.

Cincinnati Divorce & Dissolution Attorneys

If you are considering a divorce or dissolution, contact the Family Law attorneys at Donnellon, Donnellon and Miller for an initial consultation. A qualified lawyer can help you determine the best action for your situation. Call 513.891.7087, or use our online contact form to get more information or schedule an appointment.