What
exactly is dissolution? Is this different from a typical
Divorce or Separation Agreement? How does the process
work?
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.
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