Like a divorce, a dissolution ends in the termination of the marriage. However, fault cannot be assigned to either party and both individuals must be willing to agree to all terms and particulars of a settlement. Due to this, a dissolution is often called a “no-fault divorce.”
In a dissolution, the only role the court plays is in reviewing and approving the final agreement and granting the termination of the marriage. While a divorce can be no-fault, most are based on one party placing the cause for the divorce on the other party. In most divorces, no agreement can be reached regarding the terms of the settlement, therefore, a court must make the final determination for them. Each party can contest any part of the settlement during this process. A dissolution is best when both parties can communicate effectively and reach decisions together regarding every part of the settlement.
Decide the terms of the separation
Both parties must come to an agreement on all issues including marital property, amount of spousal support, child custody and child support, as well as any other issues of the settlement. If agreement cannot be reached on any one issue, a divorce will need to be instituted instead.
Set and attend a hearing with the court within the proper time period
Once the paperwork is complete and has been received by the court, both parties must attend a hearing on a set date. The hearing must occur no less than 30 days, but no more than 90 days, after the petition and separation agreement have been filed. If one party does not attend the set hearing, the court cannot proceed with the dissolution. The judge will examine the details of the separation agreement and both parties will be required to testify. Each testimony must proceed with both individuals willingly admitting they entered the agreement voluntarily, that they are satisfied with the terms of agreement, and that they wish for the marriage to be dissolved.
Marriage is terminated
The judge will grant the termination of the marriage upon careful review of the agreement and testimonies of each party. The marriage is hereby announced dissolved and the separation agreement will govern the parties’ future interactions.
If you are unsure whether a dissolution is right for you, our lawyers are ready to discuss with you your options and help you begin your proceedings. At Kirkland and Sommers, our divorce and dissolution lawyers will have your best interests in mind. We will walk you through each step while we guide you through this difficult time and will handle any and all unexpected complications to the best of our abilities. If you are considering ending your marriage, please contact Kirkland & Sommers, online or call (937) 853-5555.