Want to know if dissolution of marriage is the right option for you? We wrote you a step-by-step guide.
by The Marble Team
Ending a marriage is not known to be easy. However, depending on where you live and your circumstances, you may have an option that’s typically quicker and less expensive than a divorce: dissolution of marriage.
This guide will help you better understand what a dissolution of marriage is, its benefits compared to divorce, and how to dissolve a marriage.
In states that differentiate between a dissolution of marriage and a divorce, a dissolution (or summary dissolution) is typically a jointly filed, uncontested divorce involving spouses who agree on all the major terms of their divorce.
Choosing a dissolution rather than a divorce may mean:
However, you may also have to waive several rights and options in a dissolution that you wouldn’t have to waive in a standard divorce.
There are several steps to dissolve a marriage, and each state’s options and procedures are different. Below is a general outline. Speak with the court clerk in your area to learn how to properly file your case.
To successfully file and maintain a dissolution case, you and your spouse need to agree on several matters, including:
Some parties use mediation at this stage. They employ a neutral third party to help them talk through these issues and resolve disputes so they can seek a dissolution of marriage.
If you can’t agree on all of the above matters, you may have to file for a traditional divorce.
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Get StartedEven if your state has a dissolution process, you can only file for dissolution in the state that has jurisdiction over your case. This usually means you have to prove that you or your spouse has lived in the county for several months and in the state for even longer.
For example, filers in California have to live in the county where they plan to file for at least three months and in the state for at least six months before they may proceed with a dissolution case. And in Ohio, spouses seeking a dissolution of marriage must prove they’ve lived in the state for at least six months.
Some states have strict eligibility requirements for filing for dissolution of marriage. These may include:
As you can see, simplified dissolution of marriage with a child isn’t possible in every state. And if your state allows you to file for a dissolution that involves minor children, you and your spouse may have to complete a parenting class before you end your marriage.
Some states require spouses to complete financial paperwork—disclosing their income, expenses, assets and debts, among other things—before filing for a dissolution of marriage. In addition to submitting these forms to the court, spouses may need to exchange this financial information with each other.
In other states, you just submit a petition for dissolution of marriage to the court to start your case. Spouses jointly file this form, which may ask for some or all of the following:
Filing often costs several hundred dollars. For example, in California, the fee may be more than $400, while other jurisdictions such as Alaska may charge less than $300. However, the court might grant you the right to file without paying a fee if your income is below a certain threshold.
When you file for dissolution of marriage, you and your spouse need to work out how you’ll divide assets, debts and parental responsibilities. Terms to consider when creating your agreement may include:
Once you have an agreement on all the terms, you put this in writing, sign the agreement, and submit it to the court.
Some jurisdictions then require spouses to attend a final hearing. At the hearing, the judge typically checks whether you provided all required paperwork and adequately addressed all necessary issues. If you have, the judge may grant the dissolution.
If your jurisdiction doesn’t require you to attend a hearing, you may have to wait for the court to hand down its final judgment. Finalizing a dissolution of marriage could take between about 30 days and six months. Depending on where you live and the circumstances of your case, you might receive a signed judgment dissolving your marriage when you make a court appearance or attend a hearing with your spouse, or you might receive the judgment in the mail.
Even when participating in a simplified divorce process, some spouses find attorney assistance helpful. An attorney may advise on what terms to cover in your property and child custody agreements and help you gather crucial financial information to fulfill disclosure requirements. An attorney may also educate you on the dissolution process to help ease your concerns.
Our experienced team would love to help you move forward. Schedule a free 15-minute call so we can connect you with an experienced attorney.
In a dissolution of marriage, spouses must agree on all the terms of their split and may have to waive rights to spousal support or appeal. A couple who petitions for divorce typically doesn’t have to waive rights or agree on anything and may let the court establish the terms of their decree. And since dissolution petitions in many states must be jointly filed, one spouse doesn’t have to have the other served with the petition, as they would in a standard divorce case.
The fastest way to get a dissolution of marriage depends on the specific facts of your case and where you file for dissolution.
Depending on the state, a simplified dissolution of marriage may mean a jointly filed divorce between spouses who meet certain qualifications and agree on all the terms of their divorce.
Disclaimer: This article is provided as general information, not legal advice, and may not reflect the current laws in your state. It does not create an attorney-client relationship and is not a substitute for seeking legal counsel based on the facts of your circumstance. No reader should act based on this article without seeking legal advice from a lawyer licensed in their state.
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