Difference Between Divorce and Dissolution

Divorce vs Dissolution

Divorce and dissolution indeed show some difference between them when it comes to legal application. This should be emphasized because divorce and dissolution are two terms that appear similar in meaning and concept. However, strictly speaking, they are not similar in meaning thus it is not possible for anyone to use one instead of the other. One thing divorce and dissolution have in common is that they both carry the same result: termination of a marriage. If they are both ways of ending a marriage, then how do they differ? That is what is going to be the focus of this article.

It is important to note that the effects of both divorce and dissolution are quite similar in many ways. When the court passes the order in support of divorce or dissolution, it is true that the court passes orders on all matters concerning the marriage such as alimony, child custody, child support, and marital property as well.

It is important to understand that in either case the couple stand separated. Thus, divorce and dissolution are similar in their purpose but different in procedure and concept. As a matter of fact, couples who wish to end their marriages can go either for divorce or dissolution depending upon their own understanding of the circumstances and the consequences.

What is Divorce?

Divorce is granted by court on the basis of the findings of fault by one party or the other. In other words, divorce is based on fault grounds. These fault grounds are legally acceptable reasons for ending a marriage. So, in such a case, the couple will have to base their petition in any case on fault grounds to get a divorce.

The grounds for divorce differ. Various traditional grounds may be cited as factors that initiate divorce. These grounds include adultery, incarceration, excessive cruelty, alienation of affection, and willful absence for more than a year.

Divorce case can be expensive as all the decisions about the parties are made in the court and sometimes agreeing on one point can take a lot of time.

What is Dissolution?

On the other hand, dissolution is a divorce based on no-fault grounds. In other words, it can be said that dissolution is not granted by the court on the basis of findings of fault by one party or the other.

When the differences of opinion continue to exist between the couple then that makes continuing the marriage impossible. In such a situation, if the couple has a good understanding of each other, then they opt for dissolution.

In short, it can be said that if they wish to go on no-fault ground then they can file dissolution procedure.

In dissolution, the case is filed in court only after the two parties have come to an agreement about ending the marriage. This include all factors that are taken into consideration in legal termination of marriage such as designation of a residential parent, parental rights, visitation, child support, spousal support, division of property, payment of debts, and payment of attorney fees. Since the case is filed in court only after agreements are made, this procedure is less expensive and shorter than divorce.

Joséphine, first wife of Napoleon, obtained the civil dissolution of her marriage under the Napoleonic Code of 1804.

What is the difference between Divorce and Dissolution?

• Divorce is based on fault grounds. Dissolution is based on no-fault grounds. This is one of the main differences between divorce and dissolution.

• The fault grounds for divorce include adultery, incarceration, excessive cruelty, alienation of affection and willful absence for more than a year. The ground for dissolution is the continued difference of opinion, which makes continuing the marriage impossible.

• A divorce case is first filed in the court and agreements are made while the case is being heard. Dissolution is filed in the court only after agreements are made between the two parties.

• It is a general belief that divorce and dissolution differ from each other in terms of the cost involved too. As a matter of fact the cost involved in divorce is higher when compared to the cost involved in dissolution.

Images Courtesy: Joséphine, first wife of Napoleon, obtained the civil dissolution of her marriage under the Napoleonic Code of 1804 via Wikicommons (Public Domain)