Ending a marriage can be achieved through either divorce or dissolution. Dissolution of marriage, however, offers notable advantages in terms of cost, time, and emotional toll. This process provides a simpler, less stressful alternative to the often lengthy and complex path of divorce. Discover the benefits of choosing dissolution and how it differs from traditional divorce proceedings.

Who’s at fault in a dissolution?

A dissolution of marriage is a no-fault process, unlike a divorce. Neither spouse is obligated to prove the other’s wrongdoing to obtain a dissolution in a court of law. The spouses mutually agree that the union is broken and consent to the dissolution.

On the other hand, a divorce usually points fingers. Especially when a divorce is contested, a spouse must prove the other’s adultery, cruelty, or abandonment before a judge. These grounds for divorce make the procedure highly contentious in comparison to the more amicable dissolution of marriage.

Many divorces these days are no-fault, meaning neither party is compelled to prove wrongdoing. Instead, the spouses claim they no longer get along. A case becomes complicated, however, when the partners fail to agree on the separation of assets or child custody and require judicial intervention.

What’s the timeline for a dissolution?

When both parties agree to a dissolution, the timeframe in which to be granted one is relatively quick. Working out important matters in advance, such as finances, property, and children, allows the process of dissolution to be completed within a few weeks.

A divorce, in contrast, can extend for months or years if spouses battle out their needs in court. Divorcing couples who can’t agree on who takes care of the kids or how to separate property end up in front of the judge several times before the important issues are settled.

How emotionally impactful is a dissolution?

Mutual agreement is the foundation of a successful marital dissolution. As a result, a dissolution is the least emotionally charged event when compared to a divorce. Spouses feel less upset during the dissolution process because they are in accord and behave cooperatively.

Stress and pain are stirred up in court during contested divorce proceedings. Negative feelings take over as spouses fight for their just dues. The strong emotional impact of a divorce has a lasting toll on the individuals involved in this long-term and often difficult process.

How high are expenses during a dissolution?

The expenses associated with a dissolution of marriage are minimal, unlike a contested divorce. This is because the dissolution requires less time in court, and the legal process is faster. When spouses are friendly, it’s common for them to split the cost of hiring a lawyer to handle the paperwork.

Unsurprisingly, the legal fees paid during a contested divorce are high, as they add up over the long duration of the divorce process. Over months or years, spouses pay their attorneys to fight on their behalf. This makes the cost of a divorce greater than that of a dissolution.

How do spouses obtain a dissolution?

1. File a Petition

Partners seeking a dissolution of marriage must file a divorce petition, also known as a petition for the dissolution of marriage. The State of Illinois makes these forms available on its court website. The form asks for basic information about both spouses, including dates of birth and date of marriage.

The petitioner provides a reason for the dissolution, otherwise known as the grounds for divorce. All states now offer a no-fault grounds divorce option on the form. Questions regarding child custody, spousal support, and property distribution must be answered, as well.

2. Serve the Papers

File the completed papers and serve them on the spouse. This spouse then has the opportunity to answer, noting with which parts of the dissolution papers they agree or disagree. If all factors are agreed upon, the agreement is filed in court, and a final merits hearing is scheduled.

3. Reach a Settlement or Move to Trial

The majority of marital dissolution cases settle without trial. It’s a result of mediation, negotiation between both spouses, or a process of collaborative law, which emphasizes cooperation, open communication, and respect to arrive at a mutually beneficial solution.

In the event the case fails to settle, it moves to trial. During the trial, each party presents testimony and corresponding evidence about the issues of disagreement. A case that goes to trial is likely to be lengthy, extending for several months to over a year before resolving.

While the dissolution of marriage does not require a lawyer, spouses are generally advised to speak to one to learn their rights and what procedures their state requires. Especially when partners agree, the process can be handled without the services of an attorney.

Contact the 5-Star Rated Divorce Attorneys of Barber Law

When you and your spouse are on the cusp of divorce, reduce the emotional toll on all parties involved by seeking the services of the divorce attorneys at Barber Law Offices, LLC. Offering expert legal services, we represent individuals, whether they seek a contested or uncontested divorce.

Our firm handles a wide range of divorce issues, such as child custody and visitation and child support. We negotiate child support agreements and fight for you and the best interests of your family. Visitation plans are created, encouraging strong relationships with both parents when beneficial.

We are experienced in spousal support and determine whether you are eligible to receive it and what is a fair amount. Property division is another area of expertise. Our lawyers identify what counts as marital property, such as homes, cars, and debts, and help determine how they should be divided.

Divorce proceedings are tough, but with the attorneys at Barber Law Offices on your side, the process is less stressful. Our 60-plus years fighting on behalf of individuals gives us an advantage in court. Schedule a consultation with one of our divorce attorneys and give your family a brighter future.