More About Dissolution of Marriage

Dissolution of marriage is an alternative to divorce for ending a marriage. This method of marriage termination is used when a complete settlement has been reached on all issues of property, spousal support, child support and parenting.

In order to end a marriage, a person must obtain a final judgment from a circuit court dissolving the marriage. In that judgment, all property, support and child-related issues ordinarily will be determined. To obtain that judgment a person must file a petition to start a lawsuit, legally serve (notice) his or her spouse, provide and obtain financial information to and from his or her spouse, if children are involved, take a class, and either have an agreement and/or parenting plan prepared and brought to the court at an appropriately noticed final hearing or have a trial before a judicial officer at which evidence will be taken to allow the judicial officer to make decisions. A person is not required to have a lawyer to obtain a divorce. However, because this is a legal process with rules and procedures to be followed, it is advisable to obtain legal counsel.

Grounds for Dissolution of Marriage

There are no grounds in dissolution. Many people perceive that dissolution of marriage is faster and less costly than a divorce. This is not necessarily the case. The same information gathering is necessary in dissolution as in a divorce. Property must be valued, documents obtained, parenting resolved, etc. Negotiations must take place on each of these issues. Only after there has been full disclosure and valuation of all of the assets can an agreement be reached.

More about Dissolution of Marriage

In dissolution of marriage, both parties are represented by counsel in dissolution, particularly when there are substantial assets and/or parenting issues to be resolved. Many people believe that only one lawyer is required in dissolution and that both parties can be represented by the same attorney but that is absolutely not the case. In fact, one attorney can only represent one party. A party can choose to waive his or her right to counsel, but he or she will have to sign a written waiver of the right to counsel.

Once a petition for dissolution of marriage is filed, it must be legally served upon the other party. That party must then file a written answer with the court. Forms for dissolution of marriage proceedings are available, and many courts have self-help units to assist people without lawyers in finding those forms.

Additionally, since there are no court proceedings pending, there can be no temporary orders of any kind in dissolution, including any orders for temporary custody and support or any restraining orders. Also, discovery is purely voluntary in this process and there is no ability to issue subpoenas to produce information or documents when going through the dissolution process. Our experienced attorneys evaluate each case in detail with the client to determine whether attempting to resolve all issues through dissolution of marriage is a viable 

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