Question

Create a summary on Divorce and Relation Dissolution (Divorce - Before and After)

Answer 1

In most states, "dissolution of marriage" is just another way of saying “divorce,” and it refers to the process by which a couple can end their marriage permanently.

In a few states, however, a dissolution of marriage is not the same as a divorce, because it does not permanently terminate marital status or because it can only be used for certain cases, such as where a couple agrees to the dissolution and agrees on how everything will be resolved (for example, alimony and division of property). For puposes of this article, we'll focus on the more common use of the term.

Couples can dissolve their marriages by choosing a "no-fault" or "fault" divorce. A "no-fault" divorce is one where spouses seek to end their marriage without assessing any blame or fault. In other words, the spouse that requests the divorce (the "filing" spouse) doesn't need to accuse the other spouse of bad behavior, which led to the separation. Instead, the filing spouse can list a "no-fault" reason for the divorce, such as "irreconcilable differences," which is just a fancy way of saying the couple can't get along anymore, and there is no real chance that they will get back together. A no-fault divorce is easier and quicker to obtain than a "fault" divorce, but spouses may be required to live apart for a certain amount of time. The specific requirements for a no-fault divorce will depend on the laws of the state where the divorce action is filed.

In a "fault" divorce, the filing spouse's request to end the marriage is based on a claim that the other spouse engaged in a specific type of misconduct, which led to the breakup. Grounds for a fault divorce vary from state to state, but some of the most common are adultery, physical or emotional abuse, abandonment, and drug or alcohol addiction.

A dissolution of marriage can be challenging on many levels, because it involves potentially complex and emotionally-charged issues, such as child custody and support, division of property and debts, and alimony (also known as "spousal support" or "maintenance"). As a result, spouses considering dissolution of marriage should seek legal advice; an experienced family law attorney can explain each of these legal issues and how they may play out in your particular case. In addition, an attorney can prepare all necessary divorce paperwork and ensure that your rights are fully protected, whether you end up settling all issues with your spouse (outside of court) or going through a full-blown divorce trial.

The Dissolution Process-

Once the petition is filed, it must also be legally served on the other spouse (in some states the order is reversed—you serve it, then file it). The other spouse (upon whom the petition is served) then will have the opportunity to answer and state what he or she agrees or disagrees with in the dissolution papers. As the divorce process moves along, the petitioner may need to file a more detailed complaint, explaining exactly what they are asking for and why.

The spouses have to provide complete financial disclosures to each other and to the court, detailing all of their assets and debts. Most cases settle without a trial, either through negotiation or through mediation or collaborative law.

If the case does not settle, it will move forward to a trial, where each side will present evidence and testimony about all of the issues being decided. If the case goes to trial, the entire process can take many months and possibly more than a year to reach the final resolution.