In the united states, an estimated 50% of marriages end in divorce. Going through a divorce can be a strenuous process between the complex emotions experienced with each party, custody battles and knowing which type of divorce lawyer is needed. There are two ways to legally end a marriage in the United States, either through divorce, or the dissolution of marriage. Common confusion among married couples that are preparing to separate involve understanding the differences in dissolution vs. divorce.
The differences in dissolution vs. divorce really aren’t that difficult to understand, once you break it down — it’s deciding which method is right for your specific situation that is difficult. For starters, a divorce is typically needed when each party of the marriage is unable to work out an agreement with issues such as alimony and child custody. This will require a number of property, income and parenting documents to be prepared and filed with a complaint for divorce in court. Thus, more court involvement is required to ensure that the proper reports, conferences and hearings are utilized in order to come to a resolution between each party. The divorce process can take a long time to complete based on legal help, court proceedings, and financial requirements.
Divorces involving children can be longer and more complicated due to the custody agreements that must be made. In such cases, a dissolution of marriage may be a better option. With a dissolution of marriage, both parties of the separating marriage have already worked out all the issues, and have reached an agreement on all the terms (child custody, assets, child support, etc.) of separating. These agreements are then put into a document called a Separation Agreement. The agreement is then filed with your local court for approval. Finally, only one court hearing is needed, known as the Merits hearing, where a witness is present to support or refute the legal separation of the marriage.
Now that you understand the differences with dissolution vs. divorce, it’s always a smart idea to involve either a divorce attorney or family law attorney with any case of married couples preparing to separate. A divorce attorney will help make the preparations for court, and the actual court appearances an easier process. For married couples who plan to separate, and have a child to consider, a family law attorney is an excellent decision. A family law attorney will be experienced with assisting families during the divorce or dissolution process, and they can provide parenting tips and stress management tips for married couples going through a divorce or dissolution. Some common stress management tips going through a divorce can include improving communication between each party, letting go of problems outside of your control and not making any hasty decisions. Family lawyers can also assist in the divorce process and help fight for the custodial and monetary rights of their client during the lawsuit.
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