Marriage Dissolution: 7 Eye-Opening Fact You Should Know Now
In the institution of marriage, many things will come up that will cause couples who once lived happily to desire to separate. Now partner desire or plan that for their marriage, but they see it happening.
If your marriage is in the state described above and you are seeking to have your marriage dissolved, then this post is for you. The good news is that there are many steps you can take to have a dissolution of marriage, or even reconsider your steps.
As we delve into this special topic, I will show you what dissolution means, a marriage dissolution agreement, and what to do next. If you are ready, let’s dive in.
How To Have A Successful Marriage Dissolution:
Before I show you what to do to have a better divorce, I would like you to be familiar with what the dissolution of a marriage is, so let’s refresh your mind now.
What Is The Word For The Dissolution Of Marriage?
To dissolve a marriage is the same thing as legally ending a marriage or divorce. It involves ending a marital relationship between husband and wife. It also requires proper plans on how to divide the assets, child custody, and other support arrangements.
Dissolution starts with one of the spouses initiating it through a court proceeding. The process of dissolution differs by jurisdiction, but it involves filing a petition and serving the spouse with legal documents. You’ll also need to attend the court hearings to resolve the issues.
The process is always complex and can be emotionally draining, so it requires assistance from a legal professional like a mediator or attorney. When the process of marriage dissolution comes to an end and the union ends, the parties are free to remarry if they choose.
Beyond the legal aspects of the dissolution process, there are also emotional, financial, and logistical adjustments for the separated spouse and the children.
The question is, is marriage dissolution the same as divorce?
Marriage Dissolution vs. Divorce:
Here, we will answer your question about the differences and similarities between dissolution and divorce. Are they the same or different?
1. Both processes are not the same:
Although divorce and marriage dissolution are both processes of legally ending a marriage, their processes are not the same.
The difference is that in divorce, a couple relies on the court to settle their issues, such as child custody, asset division, and alimony payment. This typically involves a formal hearing, legal representation, and a final verdict from a judge.
However, dissolution, also known as collaborative divorce, is all about negotiation and cooperation between spouses. Instead of going to court, the couple works with only professionals like a mediator or collaborative lawyer to dissolve it.
This approach is cost-effective, less adversarial, and results in a good, amicable outcome. This is because couples still maintain control over the process as they seek mutually acceptable solutions.
2. Child Custody:
When it comes to who takes care of the children during divorce or marriage dissolution, they are both the same. Child support and visitation are crucial issues during these moments to ensure the well-being of the children.
Child custody determines who will keep the child or children or make important decisions about their upbringing. Visitation is to make sure both parties are free to assess the child at any time.
The child’s support is strictly determined based on the child’s financial needs and how each parent will provide it.
The aim of doing this is to make sure that the best interests of the children in question are well taken care of. Also to create a stable and nurturing environment for the growth and development of the children.
3. Debts and Assets Sharing:
The processes of debt and asset sharing look the same in both marriage dissolution and divorce. In both of them, couples still negotiate or have a court decide how the assets and debts they acquired should be shared.
This can include vehicles, homes, investments, and other items of sentimental value. The aim is to reach a fair and equitable distribution considering things like financial circumstances, contributions, and other post-divorce needs.
4. Legal Dealings:
Marriage dissolution and divorce are the same. Another similarity is that they both need legal documentation to end the marriage formally. The documentation may include a petition from the court, support, alimony, and documents for the division of assets and debts.
Additionally, the two processes require a court hearing, where the judge hears from both parties and approves the final agreement or issues judgment. The court’s approval is necessary to legally dissolve a marriage and establish the rights and responsibilities of each couple moving forward.
5. Spousal Support:
Another place where we have a little difference between divorce and dissolution of marriage is in the area of spousal support. After a divorce or dissolution of marriage, one spouse may give the other financial support, commonly referred to as alimony.
This is usually based on many factors, like the length of the marriage, the spouse’s earning capacity, and their contributions during the marriage. In divorce, the court may require spousal support as part of the settlement, while in dissolution, the partners typically agree on the terms.
This includes whether spousal support is necessary and how much is to be paid.
Grounds for Dissolution of Marriage:
Dissolution of marriage, also known as divorce, can happen when couples make up their minds to end their marriage legally. Many factors can make them make this decision. The law and culture of the place they reside also play important roles.
Below are some of the reasons for dissolution
When There Are Irreconcilable Differences:
Irreconcilable Differences are those significant disagreements or conflicts between couples that have become hard to resolve.
When couples find out that they cannot improve their marriage after improving their communication and through compromise, the next step is to divorce.
These differences may be the result of lifestyles, fundamental values, and incompatible preferences. But instead of living together without harmony, it is better to dissolve the relationship.
Abandonment:
Another reason couples can go for divorce or dissolve their marriage is when one couple leaves the other for so long without proper reasons. It can be emotionally draining and devastating.
This is legally significant when it comes to divorce proceedings, as it may affect things like custody arrangements, division, and custody. There are so many reasons for abandonment, including relationship issues, psychological factors, and personal issues.
Whatever the reasons are, it can be a very complex and painful experience for the abandoned partner. It involves feelings of rejection, betrayal, rejection, and other uncertainty about the future.
Adultery:
Adultery, also known as cheating or infidelity, is another reason a partner will decide without looking back to dissolve or divorce each other. Adultery is disheartening, especially when your partner is faithful to you.
It is a betrayal that inflicts serious wounds on the cheated spouse. It does not only affect the cheated spouse, but the whole marriage and the children.
The reason is that it erodes trust and causes feelings of anger and despair. Again, it makes the betrayed spouse start feeling inadequate and having self-doubt.
In most cases, some couples may decide to forgive, though the mark is always there, but some will choose to throw in the towel immediately. The Bible also supports couple separation on the grounds of adultery.
4. Incompatibility:
Incompatibility is when a couple’s beliefs, personalities, and fundamental values clash to the point where it is not even easy for both to coexist harmoniously. This can manifest in so many ways, like constant fights, disagreements, a lack of communication, and emotional disconnect.
Over time, these can overwhelm the relationship and make it difficult for couples to maintain a fulfilling relationship. Ultimately, couples may choose to dissolve the marriage when all the efforts to reconcile prove abortive.
5. Cruelty:
Being cruel in a marriage means that your behavior or actions are causing harm or suffering to your partner. This can manifest in several ways, like physical abuse, verbal abuse, financial control, or neglect.
Essentially, cruelty is a breach of trust and respect within a marriage that leads to an unhealthy and toxic environment when this attitude becomes persistent.
It can cause serious emotional and psychological damage to the victim. This can also make couples want to dissolve their marriage.
Marriage Dissolution Agreement:
A marriage dissolution agreement, also called a divorce settlement agreement, is a document that contains key provisions regarding how the assets and liabilities of the spouse will be shared.
You will also see the spousal support modalities, child custody, visitation schedule, and other matters regarding the marriage dissolution.
It is about all the negotiations between the spouses, normally done with the assistance of a mediator or attorney, on how to reach mutually agreeable terms. Once this agreement is finalized, it will be submitted to the court for approval as one of the divorce proceedings
The agreement serves as a legally binding contract that outlines the couple’s rights and responsibilities after the divorce. The aim is to provide closure and clarity and to facilitate a smoother dissolution without another conflict.
In Conclusion:
To navigate the complexities of marriage dissolution, you must understand the emotional, financial, and legal implications that are involved.
Whether you are going for a divorce or just dissolution of marriage, it requires careful consideration and guidance from legal professionals. However, despite the challenges, it’s good to resolve them through negotiation to avoid conflict.
That will also facilitate a smoother transition for both of you and the children, if any. Ultimately, good cooperation and prioritizing mutual respect can pave the way for a more constructive path towards post-dissolution.
