What is a Dissolution of Marriage?

The term "dissolution of marriage" simply means a divorce. Thus, dissolution of marriage is when a couple chooses to end their marriage permanently. Typically, dissolution of marriage can occur in several ways, such as a "no-fault" or "fault" divorce; the requirements for each will depend on the laws of the state where the divorce action is filed.

A "no-fault" divorce is where spouses dissolve their marriage without assessing any blame. In other words, the spouse seeking the divorce (the "filing" spouse) is not blaming the other spouse for breaking up the marriage. Therefore, the filing spouse may list reasons such as "irreconcilable differences" or incompatibility as the reason for the divorce. A no-fault divorce is easier and quicker to obtain than a "fault" divorce. However, spouses may be required to live apart for a certain amount of time.

In a "fault" divorce, the filing spouse's request to end the marriage is based on a claim that the other spouse engaged in some misconduct, which led to the divorce. Grounds for a fault divorce vary from state to state, but the most common are adultery, cruelty, abandonment, and a felony conviction with imprisonment for a period of time.

For more information on this topic, see No-Fault Versus Fault Divorce, by Lina Guillen.

Dissolution of marriage can be complicated because it involves numerous issues, including child custody and support, division of marital property, and spousal support or alimony. Thus, spouses thinking about ending their marriage should seek legal advice. An experienced divorce lawyer can explain each of these legal issues and ensure that your rights are fully protected. In addition, a lawyer can prepare and file the required divorce paperwork.