May 26, 2021

The Difference Between a Contested Divorce and Dissolution

A dissolution, simply put, is an amicable divorce where both spouses agree on the terms or issues involved in the divorce and can take care of settling the divorce out of court, only presenting the terms to the court for approval. This doesn’t mean that all the agreements will be easy immediately, but it does mean that both spouses are willing to come to their compromises outside of court. An attorney or mediator can be hired to assist in working through the tougher issues. Dissolutions are often encouraged whenever possible, as they are quicker, less expensive, and are far less stressful, especially if children are involved. This is often considered a healthy divorce.

A contested divorce is when the spouses cannot come to agreements on the terms of the divorce and will need to bring the matters to court so a judge can make the ultimate decisions. After a trial where each side has the opportunity to present their side, the judge will ultimately decide on property division, custody, spousal support, child support, and attorney fees. Contested divorces can take a long time to resolve and can be very expensive.

Filing for Divorce Uncontested

One spouse will begin the process of filing for divorce by filing the initial documents with the court. The petition will include the grounds for divorce, the date of marriage and date of separation, the names of both parties, and the requests for how the terms of divorce will be handled. A dissolution is nearly always a no-fault divorce. A fault-based divorce has specific grounds, such as adultery, substance abuse, or domestic violence and these would need to be proven in court. A no-fault divorce is typically more civil. No wrongdoing needs to be proven and implies that the spouses simply can no longer reconcile. Attached to the petition will be the separation agreement, which contains all the terms of the end of the marriage.  It spells out what each spouse is responsible for after the marriage is terminated.

What is the Process for a Dissolution?

Usually, before a dissolution is filed the spouses can begin to divide their property, debts, and assets at their own discretion, putting the terms into what is called a settlement agreement. A mediator or attorney can be used to assist the spouses through this process. Spouses will also begin to negotiate child-related matters, such as legal and physical custody, visitation schedules, and child support. These details will also be entered into the settlement agreement you will file with the court for approval. Often, even in a dissolution, parents will be required to attend parenting classes and mediation sessions. Once the settlement agreement is finished, both parties will sign the document and have the document notarized. After everything is submitted to the court they will have a final hearing with the judge where the judge will review the agreements and make certain the agreement is fair to both parties and the requirements of state family law are met. Once the judge approves the agreement at the hearing, the decree of dissolution will be issued.

Advantages of a Healthy Divorce

There are many advantages to an amicable divorce or dissolution, and it is often considered a healthy divorce. When the spouses are able to separate without a long and expensive litigation process, they are both able to move on with their lives. When children are involved, a healthy divorce will cut down on the amount of stress on the children. An amicable divorce is typically considered the most beneficial for everyone involved.

In some cases, a dissolution may not be possible. It is possible to begin with an amicable dissolution and eventually determine that the divorce will need to move to litigation. No matter if you are hoping for a healthy dissolution or you are worried that your divorce may become difficult, meeting with an attorney is a good way to start. If you’re going through a divorce and you’re not sure what your next steps should be, contact my office today.