Dissolution and Divorce: What’s the Difference?
There is a lot of confusion about dissolution and divorce. Some people are not sure what the difference between divorce and dissolution is. This blog post will help you understand the differences between dissolution, annulment, and divorce so that you can make an informed decision for your family law case.
Difference Between Summary Dissolution and Divorce
The dissolution of a marriage is when two people are legally separated but still married. This occurs when the couple has no outstanding issues to resolve in their cases, such as child custody or property division. The main difference between dissolution and divorce is that dissolution does not result in an official termination of the marriage. When you get divorced, your marriage will be terminated and you will be able to remarry. When you dissolve your marriage, you are still technically married. This means that if you have children, they will still be considered legitimate children of the marriage.
There are a few main benefits to dissolution over divorce. First, dissolution is typically much cheaper than a divorce because there is no need for a trial. Second, dissolution is usually faster than a divorce because there are no contested issues to resolve. Finally, dissolution does not require either spouse to appear in court. This can be especially helpful if one spouse lives out of state or overseas.
What Is the Difference Between Summary Dissolution, Dissolution of Marriage, and Divorce in California?
The dissolution of a marriage and divorce are both ways to end a marriage, but there is a big difference between the two. A dissolution of marriage is when the parties file court papers to end their marriage without any fault on either party’s part. This means that neither party can blame the other for the breakup of the marriage. To get a dissolution, you must have been married for at least six months and meet certain residency requirements. If one spouse does not want to get divorced or if there are minor children from the marriage, then dissolution will not be an option.
In California, the dissolution of marriage is the process of dissolving a marriage, and it has many similarities to divorce.
There are various ways dissolution can be achieved in California:
– Mutual Consent – Both parties agree to end the relationship voluntarily with no need for a judge’s input or decision making;
– Collaborative Divorce – The couple negotiates an agreement together where both have legal representation but do not use lawyers as negotiators;
– Litigated dissolution – One party files papers initiating dissolution without consent from their partner who then must defend themselves against those claims, either by filing responses or hiring counsel. In this case, there will be a hearing at which evidence is presented before a family court commissioner who makes decisions on issues such as child custody and spousal support.
If dissolution is granted, the marriage is legally terminated and each spouse is free to remarry.
A divorce, on the other hand, occurs when one spouse files a petition for dissolution in court and the other doesn’t respond or can’t be found. A divorce proceeding then becomes a contested matter with both parties represented by attorneys and a judge makes decisions about property division, child custody, visitation, and support. The divorce process usually takes much longer than dissolution as it often involves numerous court hearings.
So what’s the difference between dissolution and divorce? In California, dissolution is typically an easier process to go through than a divorce; it’s less expensive and there are no waiting periods involved. However, dissolution can only be granted if both parties agree to it and there is no possibility of reconciliation. A divorce, on the other hand, can be granted even if one party does not agree to dissolution.
What Is Summary Dissolution?
Summary dissolution is a legal process that allows couples to terminate their marriage without having to go through a full-blown divorce. This option is available to couples who have been married for less than five years, have no children together, and have minimal assets and debts. To qualify for summary dissolution, both spouses must agree to the dissolution and sign a settlement agreement that outlines how property will be divided, alimony will be paid (if any), and child custody and support arrangements will be made.
If you’re considering filing for summary dissolution, it’s important to understand the pros and cons of this option before making a decision. Here are some things to keep in mind:
– Summary dissolution is typically much faster and cheaper than a standard divorce.
– Summary dissolution is much faster and cheaper than a full-blown dissolution because it can be very basic with few to no assets involved.
– You may qualify for summary dissolution even if you don’t meet the requirements for a legal separation or annulment in your state, as long as those criteria aren’t based.
Requirements for Summary Dissolution in California
If you meet all the requirements, dissolution is a relatively simple and inexpensive process. The main requirements are:
– You have been married for less than five years;
– You do not have any children together;
– Neither of you owns any real estate or other substantial property;
– Neither of you has any debts exceeding $8000 in total;
– Both of you agree on how to divide your property and debts.
If all these conditions apply, you can complete a Summary Dissolution Agreement without hiring an attorney. This document will outline how you plan to divide your assets and liabilities, and once both parties sign it, the divorce is final.
If you do not meet all the requirements for dissolution, or if you would like to have a more complex divorce process, then you will need to file for a regular dissolution or divorce. The main difference between these two processes is that in a regular dissolution/divorce, both parties must agree on every detail of the settlement agreement.
Although dissolution and divorce both end a marriage, there are some key differences between the two. A dissolution is a much quicker process, typically taking only a few months. A divorce, on the other hand, can take up to a year or more to finalize. Additionally, dissolution does not require grounds like adultery or cruelty, while divorce does.
If you are considering ending your marriage, it is important to understand the differences between dissolution and divorce so you can make the best decision for yourself and your family.