One of the most common things I hear during a consultation regarding terminating a marriage is:

“I want a dissolution.”

My next question is usually:

“Have you and your spouse reached a complete agreement?”

More often than not, the answer is, “no.”

Many people have heard that a dissolution is faster, less expensive, and less stressful than a divorce. While true, sometimes, a dissolution is not simply the “easy version” of a divorce. It is a completely different legal process with different requirements. Understanding the difference can help you avoid delays, frustration, and unnecessary legal expenses.

Before You Choose a Dissolution, Ask Yourself…

Have I and my spouse reached a complete agreement?

Not an agreement on most things. Not an agreement on the big things. A complete agreement. For a dissolution to work, you and your spouse must agree on every issue before anything is filed with the court. If there are unresolved disputes, a dissolution may not be the right option. That doesn’t mean a dissolution is off the table forever. It simply means there may be more work to do before you’re ready to file.

Dissolution: You Decide

A dissolution of marriage is defined as “a divorce-like remedy available when both spouses have signed a separation agreement that deals with (1) the issue of alimony (providing either some or none), and (2) if there are children, the issues of support, custody, and visitation. Under a dissolution of marriage in this since, the court is bound by the separation agreement and cannot later modify alimony payments.”

A dissolution is a process where both spouses agree to end the marriage and agree on all of the terms of their separation before filing with the court. It is essentially a contract.

That agreement must address every issue, including, but not only:

• Parenting time and custody;
• Child support;
• Spousal support; and
• Division of assets and debts including real estate.

Once the agreement is fully agreed to and complete, the parties may file jointly and ask the court to approve it. Many people are surprised to learn that the agreement comes first. The court filing comes second. So, if there is not a complete agreement, there cannot be a dissolution.

Divorce: Court Decides

A divorce is defined as “the legal ending of a marriage; specif., the legal dissolution of a marriage by a court.” And there are various types of divorces such as a collaborative divorce, contested divorce, uncontested divorce, and so on.

A divorce is appropriate when the parties cannot reach an agreement on one or more issues. Unlike a dissolution, a divorce does not require both spouses to be on board. One spouse can file for divorce even if the other spouse disagrees, refuses to participate, or does not want the marriage to end.

A divorce gives the Court the authority to resolve disputes when the parties cannot do so themselves. Depending on the issues involved, the divorce process may include:

• Temporary orders;
• Discovery;
• Mediation;
• Hearings; and
• Trial.

While many divorces eventually settle, the court remains available to make decisions when necessary.

What About Time and Cost?

When it comes to time, generally speaking, a dissolution is faster because the parties have already done the work of reaching an agreement before filing. A divorce can move quickly if the parties settle early. But contested issues often add time to the process. The more disagreements there are, the longer it typically takes to reach the finish line.

The same is true when it comes to cost. In most cases, a dissolution is less expensive than a contested divorce because there is less court involvement and fewer disputes to resolve. Court costs vary in each jurisdiction and for each type. For instance, filing a dissolution in Franklin County, Ohio starts at $225.00. While filing a divorce action in Franklin County, Ohio starts at $275.00.

The more time spent negotiating, responding to motions, attending hearings, and preparing for trial, the more various fees increase such as property related fees (like property taxes and mortgages), court costs (like subpoenas and service items), and legal fees.

Simply put, conflict costs money.

Helping Clients Choose the Right Path

We help clients determine whether the ending of their relationship is more appropriately completed through a dissolution or a divorce. Every family is different. Every marriage is different. The right approach depends on the specific circumstances, goals, finances, and family dynamics.

Our goal is to help the spouses we support move forward with confidence and protect their interests. We do this by helping understand the options, identifying potential issues before they become problems, and developing strategy to attain the identified goals. Then, we determine and support with the appropriate implementation. That implementation could mean negotiating a comprehensive separation agreement, guiding through a dissolution, or advocating in a contested divorce.

The Bottom Line

Both divorce and dissolution end a marriage.

The difference is whether the parties can resolve the issues themselves or whether the court needs to step in and help.

1 According to Ohio Legal Help, dissolutions can take from 30-90 days from the time of filing.

2 According to Ohio Legal Help and NOLO, divorces can take anywhere from months to upwards of two years.