When you decide to carry out your divorce legally, it will be referred to as the dissolution of your marriage. A dissolution recognizes a legal relationship in which the process will legally bring it to an end. You can end your marriage by filing for a divorce or choosing a dissolution.
A divorce will require the two parties to present their evidence to the court as to why their marriage should end, while a dissolution will require the two to agree and develop favorable terms. If you don’t know which one to choose and need help with, you can reach out to Jensen Family Law – Mesa and learn more.
In the meantime, you must learn the difference between the two processes to be able to determine which one will work for you;
Dissolution
Unlike a divorce process where the spouses are not in agreement, a dissolution is always favorable to spouses who agree or have a few issues to iron out. In this process, a couple will decide on how to end their marriage. Dissolution is always faster compared to a divorce, the reason being, a couple is in agreement on how to divide their assets and how to raise their children.
When you decide to file for dissolution, a couple writes a `separation agreement’ that acts as evidence, and they do so by registering and signing it. This agreement is presented to a court. After that, the couple requests for dissolution, in which a court will schedule for a final hearing. In most states, a dissolution takes a minimum of thirty days.
While waiting for the final decision from the court, the `separation agreement’ acts as a contract between the two parties. A separation agreement only becomes a court order after a judge precedes a final hearing and writes a `decree.’ This decree is what the two parties use to follow the terms in the `separation agreement.’
Divorce
It is a legal process in which a couple decides to dissolve their marriage by a court. A couple may choose to file for a divorce going by the circumstances at hand. In most cases, a divorce filing results from one partner not willing to dissolve the marriage. Therefore, a court proceeding gives the partner an avenue to file for a divorce, legally, whether the other partner agrees or does not agree to the matter.
A divorce takes a long time as the court tries to hear both sides and study any evidence given before giving a final decision. It is unlike dissolution, which is faster and less expensive. While both parents can decide to end their marriage and iron out their issues, even after filing a divorce (uncontested divorce), a contested divorce will require the two parties to wait until a court makes a final decision after studying the evidence given. A divorce may be a slower process than dissolution, but it ensures that both parties follow terms outlined by the court, failure to which there are consequences like losing custody or visitation to their kids.
What is the Fastest Way to Obtain a Divorce?
While the above information outlines what is required in both situations, the fastest way to obtain a divorce is through an uncontested divorce. A couple can decide to settle their disagreements away from the court, to avoid hefty fees and time spent studying evidence brought by both parties.
Should a couple want the process to be much quicker, you can always file for a `no-fault divorce. It is a fancy way to say that both parties cannot get along due to irreconcilable differences, and there is no way that the two can get back together. However, not all states have provisions for a `no-fault divorce.
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An uncontested divorce is a faster way to obtain a divorce rather than a regular dissolution. However, as much as the process is more immediate, it is not practical. When you file for a divorce, a court provides protections that an uncontested divorce cannot. One spouse will not have the power to harass the other or hide assets as a court will give the subpoena to uncover hidden assets. It is advisable that when looking for a faster way to end your marriage, you look for an option that will have your pleas solved and your rights adequately protected.
Filing a `no-fault divorce or having an uncontested divorce is a faster way to obtain a divorce, but it is not as effective.
