Marriage Dissolution vs. Divorce

If your marriage is coming to an end, there are many important decisions that lie ahead. One of the biggest is deciding between a marriage dissolution vs. divorce. Both dissolution and divorce are legal processes, and the outcome is exactly the same: You are ending a marriage. Attorneys often say the difference between a divorce vs. dissolution hinges on whether a spouse faults the other for the breakup. Still, it’s a little more complicated than that. Let’s break down why some couples choose marriage dissolution vs. divorce. A financial advisor can also help make a plan for your money when the time comes to move on from a marriage.

Marriage Dissolution vs. Divorce

People often use the terms “divorce” and “dissolution” interchangeably, but these two legal processes have important distinctions.

In a divorce, a court is involved in making decisions about how assets are divided and where children will live. In a marriage dissolution, the couple usually handles the details of the separation themselves. Sometimes this is done with the help of a mediator. A judge typically appears only at the end of a dissolution to review the separation agreement and parenting plan (if applicable), as well as to confirm that both parties are satisfied with the terms of the split.

During a divorce, the court plays a much more active role throughout the process. Rather than the couple, the court ultimately decides what post-marriage life will look like for each party. In contentious situations, this can actually be beneficial. For example, let’s say a couple cannot reach an agreement. A judge stepping in as the decision-maker may be the most practical solution. Although couples may try to work toward a settlement, the court has the final say on certain matters. This includes things like child custody, visitation, child support and spousal support (alimony or spousal maintenance).

Overall, dissolution is generally less costly and is often seen as less adversarial than divorce; at least, that’s the intent.

The Reasons a Couple May Choose a Dissolution vs. Divorce

Divorce paperwork and wedding bands on a desk.

Most couples would probably rather complete a marriage dissolution vs. divorce. Sometimes, however, they have no choice but to go through with a divorce. This may be especially true for a couple that can’t come to an agreement on how assets should be divided. A judge may be needed to divide current assets and investments. The judge could also make financial decisions involving a couple’s estate plan and rule on child custody.

Marriages are complicated, and there are many reasons one or both parties may opt for a dissolution vs. divorce. Here are some common reasons couples may decide to go down one path or the other.

How to Decide on Divorce vs. Dissolution

Dissolution may be the better option if:

You both are in agreement that the marriage simply isn’t working. You both feel that no one, in particular, is at fault. Dissolutions are often called no-fault divorces. If you both agree that nobody should be held responsible in court for the marriage ending, that should bode well in splitting up assets and making decisions about child care.
If you both believe that you can be fair in how you treat each other when making decisions that will affect you both, post-marriage. Just because you both no longer want to be married, it doesn’t mean that you automatically have to dislike the other.
You both are committed to getting through the divorce as inexpensively as possible. Hiring lawyers and paying court fees in the event of divorce can add up in terms of cost. Avoiding spending a fortune on attorneys could mean more money for both of you after the marriage is over.

Divorce may be necessary if:

You don’t trust your partner or your partner intimidates you. You may, for instance, fear that your partner will hide assets from you. During its discovery process, the court may be able to ferret out any secret bank accounts that either party might be hiding. Still, if you’re worried about safeguarding your finances from an untrustworthy partner, you may want to talk to a divorce financial advisor.
One person doesn’t want to end the marriage and, in fact, refuses to. In that case, the person who does want to terminate the marriage may have no choice but to use the courts to legally end the marriage.
You both have a lot of assets and a lot to lose if things go wrong. You may both feel that it’s in your best interest to have your lawyers and the court work things out. That doesn’t necessarily mean things have to be contentious, however. In fact, you could have lawyers work together but not necessarily hash everything out in court. Your attorneys could engage in what is generally known as alternative dispute resolution, which offers court alternatives, such as mediation and arbitration.
Before the marriage, one or both parties may have signed a prenuptial agreement. They may feel that the court is needed, to ensure that the agreement is honored.

Bottom Line

Ending a marriage is hard and will probably be painful on some level, even in the best of circumstances. But the legal process doesn’t have to be contentious. Especially if children are involved, many couples generally want to end marriages as peacefully as possible. Marriage dissolution can be amicable and straightforward, although some couples require the courts and official divorce proceedings. If you want to end your marriage amicably and inexpensively, you probably can – provided you have a willing partner.

Financial Tips For Divorce

Some financial advisors, including certified divorce financial analysts (CDFAs), specialize in helping people go through divorces. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three vetted financial advisors who serve your area. You can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
A domestic asset protection trust (DAPT) can be used to shield assets from a spouse during a divorce. This makes them an alternative to a prenuptial agreement. After transferring your assets to a trustee, the assets are no longer considered marital property.