A dissolution of marriage refers to the legal process undertaken to terminate a marriage. It begins when one party petitions to end the union or a couple mutually decides to file for divorce. There are multiple ways to end a marriage. This article provides a detailed overview of marriage dissolution, differing methods of marriage termination and what often follows post-dissolution.
Understanding Dissolution of Marriage
Pursuing the dissolution of marriage means terminating a legally recognized marriage between two people. The most common way to do this is through a divorce, though ending marriage through annulment is another option.
Divorce
A divorce is a legal method to dissolve a marriage. Though divorce trended downward in recent years, hundreds of thousands of Americans divorce annually.
It is possible to contest a divorce petition. That means the responding spouse rejects the terms or fights to avoid a divorce. If both spouses agree to conditions or the responding spouse makes no objections or does not show up in court, the divorce is uncontested.
If the couple cannot reach an agreement on all of the issues in the divorce, the divorce is contested and goes through the court process, ending in a trial.
A collaborative divorce involves both sides working together to find common ground with the stipulation that the couple, their lawyers, and neutral professionals will settle without going to court. A mediated divorce involves working with a neutral, third-party mediator who helps the couple find solutions to all the issues involved in their divorce.
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Annulment
Depending on the circumstances, a couple may seek an annulment. If successful, the court will declare the marriage invalid, treating it as if it never occurred. Annulments are more challenging to pursue than a traditional divorce because specific stipulations are required to qualify for one.
Requirements to successfully obtain an annulment include:
- Fraud or coercion
- Bigamy, in which one of the couple is already legally married to someone else
- One spouse is unable to have children and did not disclose this
- Incest, in which the couple is too closely related to be permitted to marry
- A mental condition or alcohol or drugs made it impossible for one or both parties to consent
- An inability to consummate the marriage
- One or both parties were minors without parental consent
In other words, an annulment is a legal finding that a marriage was not valid at the time it was entered into.
Declaring a Marriage Void
In some states, void marriages are distinguished from annulled marriages in that a void marriage could never have been legal from the beginning, such as if the couple were too young to consent. An inability to consummate a marriage would not fall under that category because it was not known at the time the couple got married.
How to Dissolve a Marriage
When moving forward with marriage dissolution, there are a few key steps one needs to take, as detailed in the following sections.
Step 1: Hire a Lawyer
When you or your spouse begin the process of marriage dissolution, the first thing to do is get legal representation. You are not required to have a lawyer when filing or answering a petition for divorce. However, it is always best to work with a legal professional. Attorneys understand your state’s specific requirements and procedures and provide insight into what steps you should and should not take.
Step 2: File Documents and Serve the Spouse the Correct Papers
The spouse who starts the divorce process, or the petitioner or plaintiff, begins the divorce by filing a petition or complaint, as well as other necessary documents with the court. They typically must ensure that the other party receives or is served copies of the documents. Failure to do so can stall or prematurely end the process.
Step 3: Negotiate
Divorcing couples and their lawyers often work agreements for some or all of the issues in the marriage rather than go to trial. In some circumstances, alimony, child custody, or property division disagreements can make a trial unavoidable. Most divorces do settle, even if it is days before a trial.
Step 4: Attend All Necessary Meetings or Court Appearances
It is important to meet with your attorney when requested and always appear at scheduled court appearances. If you fear that you may not be able to appear as required, you or your lawyer should immediately notify the court and reschedule the appearance.
Step 5: Comply With Negotiated Terms or Court Ruling
Once you reach a settlement or the judge issues a decision, you and your former spouse must take all necessary steps to comply with any mutually agreed terms or court orders. Failing to do so can place you in contempt of court.
What to Expect After a Dissolution of Marriage
A divorce legally ends a marriage.. An annulment determines the marriage was never valid. After an annulment is determined, there may be additional court meetings to determine child custody or child support if there are children of the marriage, who are legally legitimate even though an annulment has been issued.
Legal Separation as an Alternative to Marriage Dissolution
Some couples or individuals might prefer to seek a legal separation instead of a divorce. Unlike a divorce, a legal separation does not end in marriage termination. Instead, the couple remains legally married but lives apart. The court may divide their property, order spousal and child support and determine custody as part of a separation, but the actual marriage remains intact.
A couple might choose to legally separate rather than divorce for religious reasons, to maintain specific health insurance or tax benefits, or to avoid impacting a non-citizen spouse’s immigration status.
Dissolution of Marriage: Bottom Line
Dissolution of marriage is complex and intimidating. Therefore, working with reliable and professional divorce lawyers to navigate the process is always a good idea. Recognize that there are multiple ways to end a marriage. Aim for options that make sense mentally, emotionally and financially.
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Frequently Asked Questions (FAQs)
What is a dissolution of marriage?
A dissolution of marriage is the termination of a legally recognized and binding marriage between two people.
Are dissolution of marriage and divorce the same thing?
Yes, dissolution of marriage is the same thing as a divorce.
Are there alternatives to a dissolution of marriage?
Yes. Whereas a dissolution of marriage is a process that ends in marriage termination, a couple could separate legally and cease cohabitation but remain legally married. Annulment is another option if the marriage was not valid when it was entered into.
