The Difference Between Divorce and Dissolution

When is dissolution the right way to go?

There are significant differences between divorce and dissolution. When parties agree on every aspect of the ending of their marriage then a dissolution is appropriate. Dissolutions are also appropriate when there are no marital assets or debts to be divided and no children as in a short-term marriage. They are intended to be a quick and supposedly clean end to a marriage when the couple are in agreement with all aspects of the separation, including child custody, child support, spousal support and the division of marital assets.

However, if there is any disagreement at all then a dissolution of marriage is a very bad idea. When the parties cannot agree on any single item or multiple items related to their ending of the marriage then a judge must decide who is right and who is wrong. When a judge has to get involved in any decision relating to the ending of a marriage then a divorce is necessary.

Failure to consider all factors.

Couples very often make the mistake of agreeing to end their marriage with a dissolution but fail to take account of the many factors that have to be considered when doing that. It is even trickier and and easier to mess up a dissolution when there are children or retirement involved. Most couples assume that they will be able to communicate after the dissolution is over. This is a bad assumption. Invariably something gets left out of the dissolution paperwork that requires the parties to go back to the court time and again to to try to get fixed. At that point they seek legal counsel and find out how badly they drafted their own divorce custody and retirement paperwork. It is far easier to hire divorce attorneys at the outset who can make sure that most, if not all, common issues are addressed in the final orders.

Couples very often make the mistake of agreeing to end their marriage with dissolution believing it to be the less costly option. If all goes according to plan, that is true. But routinely, the couple realizes that there are many factors that they have failed to consider. The result can be multiple court appearances for which two opposing divorce lawyers may be hired to help sort out the mess.
 

When is dissolution not recommended?

 Dissolution is definitely not recommended where children and retirement and investment accounts are involved.  Each requires a specific type of order and is generally overlooked to the significant detriment to one or both parties.  Dissolution are inexpensive in the short run, but in the long run, they are just not suitable except for very limited circumstances.  Divorce, with attorneys, can be expensive, but it doesn’t have to be.  Most costs associated with a divorce stem from one party just wanting to hurt the other side; using lawyers to do so.  There isn’t much an attorney can do to defend against that kind of tactic.
Simply put it is far less expensive to correctly end a marriage then it is to fix a poorly ended marriage.

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