What Is Dissolution of Marriage?
In just about every state, a “dissolution of marriage” is likewise to a divorce.
If you are getting started in the process of divorce, you might have come across the terminology “dissolution of marriage” and contemplated what the difference between a dissolution of marriage and a divorce was. Below is what you need to know about the terminology “dissolution of marriage” and how it contrasts to divorce.
What Is a “Dissolution of Marriage”?
A lot of states’ laws refers to divorces as something other than “divorce.” For instance, divorces in Georgia are called a “total divorce.” (Ga. Code § 19-5-3 (2021).) The most general optional designation for a divorce is a “dissolution.” In each state excluding Ohio, a “dissolution of marriage” is likewise to a divorce.
In Ohio, courts can award a “divorce” for one of eleven different reasons, including cheating, continual drunkenness, and incarceration. (Ohio Rev. Code § 3105.01 (2021).) Nevertheless, Ohio courts can award a “dissolution of marriage” when the spouses file their petition jointly, agree on all the matters—like division of property and spousal maintenance—in their divorce, and have a written separation contract. Following a waiting period, the court is going to award the dissolution and make the separation contract as a court order. Namely, an Ohio dissolution of marriage is likewise to an “uncontested” divorce in a lot of other states. An Ohio dissolution terminates the marriage similar to a divorce.
How to File for Dissolution
Each state has their own regulations and procedures for acquiring a divorce or dissolution—you are going to need to research the fundamentals of divorce in the state you live in. A lot of states offer a few kinds of dissolution that spouses can choose from. The kind of dissolution you decide on is going to depend on what’s provided by your state and the facts of your own case.
For instance, if you and your spouse agree on all the matters in your dissolution, you may be able to file for an uncontested dissolution. In uncontested dissolutions, a judge does not need to resolve any disputes—rather, you suggest the conditions of your divorce in either your divorce request or a divorce settlement contract. Then it is up to the judge to just examine and consent the conditions provided that they are legal and just. Since there’s nothing to squabble about in court, uncontested dissolutions are typically faster and less costly than litigated divorces. Instead of hiring attorneys, a lot of spouses decide to DIY or use online divorce services to help them file their uncontested divorce. And, in many states, when you meet the usually stringent requirements, you may be able to quicken the process even more by getting a “summary dissolution,” posted about below.
What Is a “Summary Dissolution”?
A few states offer spouses the choice of ending their marriage using a “summary dissolution”—a type of divorce that typically requires less paperwork and court sessions than a conventional divorce. Summary dissolutions are also referred to as “short-form summary dissolutions.” “simplified divorces,” “summary divorces,” or “agreed divorces.
Spouses seeking a summary dissolution are going to need to meet their state’s specified filing requirements. Even though state summary dissolution regulations vary, some require that:
- at least one spouse has been a resident for three to six months
- the marriage was of a short period (for instance, less than eight to ten years)
- the spouses do not have any children eighteen or older still going to school
- none of the two spouses is pregnant
- none of the two spouses owns physical property
- the marital property is limited (for instance, does not exceed thirty thousand dollars)
- the marital liabilities are minimal (for instance, less than fifteen thousand dollars)
- each spouse surrenders rights to spousal maintenance, and
- the spouses agree on the way to split marital property and liabilities.
When your state does not offer summary dissolution proceedings, but your marriage fulfills the example requirements afore mentioned, contemplate seeking an uncontested dissolution instead.
Source:
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Ann O’Connell, A. (2021, November 5). What is dissolution of marriage? www.nolo.com. Retrieved September 28, 2022, from https://www.nolo.com/legal-encyclopedia/what-is-dissolution-of-marriage.html
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