Difference Between Divorce & Dissolution of Marriage
The only ways a married couple can end their relationship are through either an annulment, a divorce, or by the death of one spouse. Traditionally, divorces had to be based on specific fault grounds. However, most states now recognize "no-fault" divorces, which are often referred to as dissolution of marriage.
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Definitions
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Divorces and dissolution of marriage are nearly identical. Traditionally, divorces could be granted only on specific findings of fault by one party or another. Since states adopted "no fault" divorces, the term dissolution of marriage has become more and more common. Marriage dissolutions are divorces based on no-fault grounds. While all the solutions of marriage are divorces, not all divorces are dissolutions of marriage.
Basis
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Traditional divorces must be based on one of the traditional fault grounds, which include adultery, excessive cruelty, incarceration and alienation of affection. Many states still recognize these traditional divorce grounds, even if they also recognize no fault grounds. When the divorce is sought on a no-fault basis, at least one of the parties must claim the marriage is no longer viable or that irreconcilable differences exist between the couple that makes continuing in the marriage impossible.
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Effects
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Marriages that end in either divorce or dissolution of marriage are practically identical in all important practical areas. Whether the couple seeks a divorce or dissolution of marriage, the court will still be able to enter orders on all matters concerning the marriage, such as alimony, child custody, marital property and child support.
Availability
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In states that allow both dissolutions of marriage and traditional divorces, couples wishing to end their marriages can file for either procedure. Generally, any state that allows an "uncontested" divorce does so only for dissolution of marriage. If any party wishes to base the petition on anything other than no-fault grounds, a dissolution of marriage is not possible and the couple must get a divorce.
Cost
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The difference between divorce and dissolution of marriage is most easily seen in the cost involved. Because divorce is our soft on the basis of fault grounds, these proceedings typically involve more complicated and costly processes. Dissolution of marriage, on the other hand, are only available when couples request the same relief from the court, meaning they are in agreement about all relevant issues. This agreement between the spouses typically results in much lower legal fees.
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References
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