If you and your spouse are in agreement that it has comes to a point in your marriage that the only answer is a divorce you may actually be a good candidate for a dissolution. Many people are not aware that this may be an option for them, and given the greatly lower costs that are involved, it is important to know whether or not this is a route that you and your spouse might be able to take. The key is understanding what the differences are between dissolution and divorce, so you can make the choice that is right for you.
In most cases, when it comes to divorce, there is one party that is asserting that the other party is at fault for the divorce. There are a number of situations that can justify this. Some of the most notable of these include infidelity, drug or alcohol abuse, abandonment, incarceration and cruelty. Anytime that this type of assertion is made it is important that there is proof that the other party committed one of these acts. A divorce is also usually sought when one party is determined to contest the divorce or the terms under which it will be resolved.
A divorce can be an extremely costly process. This is one reason that many choose to take matters into their own hands. That is where a dissolution comes into play. It gives the two parties the ability to set all of the terms on their own. This can be difficult however, given that what is in one person’s best interest is not necessarily in the best interest of the other party. In order to successfully reach an agreement under a dissolution it is critical that both parties are able and willing to compromise each step of the way.
When one files for divorce they are beginning the divorce process. However, when it comes to a dissolution there isn’t anything filed until everything is agreed upon by both parties. This can be risky if there is any chance that one party will attempt to act in an unfair manner, such as emptying a bank account. It is critical that you are sure that the other party will remain amicable. Even if you are sure it is ideal to gather all of your financial documents and statements that reflect the financial position of both parties before the dissolution process began. While it is important to remain positive and cooperate, you also do not want to put yourself in a negative position if it so happens that the other party decides to file for divorce before the dissolution is filed.
While it is not necessary to seek the assistance of a dissolution attorney Columbus Ohio when working towards a dissolution, it may be in the best interest in everyone involved to do so. Professionals can be used to determine what assets are held, how to best set up custody agreements and other factors that will be involved. They can also help to ensure that all of the documentation filed will meet the requirements of the court.
It is critical that every aspect of the dissolution is fully addressed. The court will want to see that everything has been fully disclosed and that the two parties are in full agreement to the terms written out. This will be done after the dissolution is filed. Even though you will not need to go through the multiple steps that are required in a divorce, it will still be necessary to stand before a judge.
The judge will review the documents that have been filed and confirm that both parties are in complete agreement. The judge will also decide whether or not the decisions reached are appropriate. While it is rare for a judge to decline a dissolution, it can happen if it appears that one party is benefiting grossly while the other party appears to be simply signing away their rights. This step is used to ensure that one party does not sign away their rights due to being in a state of duress or coercion.
In the end the result is the same. The main difference is the means in which the terms of the separation are reached. When one seeks a divorce, they are asserting that the other party is at fault and in a sense they are seeking damages from that party. A divorce can be a very long process that results in high expenses on lawyers, mediation and court costs. When the two parties agree to taking the route of a dissolution they are saving themselves from this expense and drawing out the process. In most cases a dissolution can be reached in a manner of a couple months whereas a divorce can take a year or even longer.
If the judge agrees to all of the terms that are set forth in the dissolution the marriage is ended just as it would be in a divorce. There may be stipulations set by the court that restrict the two parties from marrying again for a certain amount of time, depending on where the dissolution is filed. There may be other terms that are set forth as well, which can be solely at the discretion of the judge. It is a good idea to seek the assistance of an attorney to be sure that you are aware of anything that can arise at that time. The more you and your spouse know about the process the better off you will be when the end result is reached.
Whether you are going to choose the route of a divorce or a dissolution, it is easy to assume that there will be conflict. The key to a successful dissolution is both parties being open minded about how assets and custody will be distributed. This is the main reason that divorces are far more common as well as the fact that many people aren’t even aware this could be an option for them. It is now up to you which route you will take moving forward.