Pataskala Ohio Divorce Attorney Explains: What is the difference Between Filing for a Divorce and Filing for Dissolution?
- Dissolution of a Marriage
- Collaborative Law
- Legal Separation
A divorce and a dissolution of marriage are essentially the same thing, except that a divorce tends to be a more complicated legal issue and often involves child custody, child support, and protection orders. In addition, assignment of liabilities and assets is usually a serious component of the process, including assignment of debt responsibility. All property may not be legally considered as community property, depending on the state of filing and the community property rules of determination for that state.
Filing for a divorce begins with one party filing legal papers which must be delivered to the other party. This can often be a tenuous situation, especially if the divorcing plaintiff files a complaint of any type which may result in a restraining order. There is an automatic six-week “cooling off” period in most states immediately following the court papers service. This allows the divorcing couple to reassess the situation and make a final determination on whether to proceed with dissolving the marriage.
There may also be court pleadings regarding child support or a visitation arrangement with children for the parent who does not have custody of the children. Divorces do not necessarily require children being involved, but it is a very common situation. Joint custody can also be ordered, which essentially means that both parents share control of the children and have designated custody time periods. Joint custody is normally determined in the finalization of the divorce. Additionally, assets and liabilities divisions are also included in finalization, as all initial temporary orders are in effect until the final hearing.
A dissolution of marriage is commonly called a “no-fault” amicable divorce. Dissolution of marriage is normally less stressful and may or may not include custody and visitation arrangements for children. Dissolution of marriage is normally agreed upon by both parties, but not necessarily. These divorces can still result in child support orders and alimony assignment. Alimony is usually determined in cases where one party gets to keep most assets and agrees to pay remuneration to the other party. However, this is not necessarily a requirement in many states when individuals decide the parameters of the separation before going to court.
It is important for both litigants to understand that state governments view marriage as individual contracts and a divorce is generally a dissolution of that legal partnership, though most courts do address the rights of all individuals involved and the social significance of the institution of marriage.
Call Attorney John I. Peters, an experienced divorce Attorney today at 740-927-3858 to help you through the process!