Divorces, or dissolution of marriage, can be complex or quite simple, depending on the circumstances of each individual situation. In some cases, arbitration is involved to help the process move a bit more quickly and smoothly. You may also be able to come to an agreement to dissolve the marriage yourself out of court without using an arbitrator. If you’re headed into a divorce proceeding, these terms are helpful to know, since it’s possible they may be of use to you in your own situation.
Understanding Dissolution of Marriage
- Dissolution takes place when two parties agree on most, or all, of the details of the divorce; this is not a case of one party divorcing the other, there is no legal “fault” given, and there are no arguments about property division, etc.
In fact, the couple is expected to mutually reach such agreements themselves, and the agreement is then presented to the court merely for approval. Dissolution is a way of speeding up a divorce proceeding, more than anything, and tends to be much less expensive than a divorce. It has the same legal effect as a divorce and officially ends the marriage, but with much less debate, time, and money spent.
In order to perform a dissolution, the couple must set up the agreement between themselves – a lawyer can be extremely helpful in drafting this document and making sure that various relevant information is included, thus speeding up the process even further. Once the document is presented in court, the outcome is more or less pre-determined; there may be a few minor adjustments suggested or made, but for the most part, the couple can walk away peacefully with their own written terms in place, and the marriage cleared from the record.
- Arbitration comes into play when a divorcing couple either cannot agree on terms, or is reluctant to discuss terms for fear of being unable to compromise.
In this type of case, the couple may request an arbitrator, who is a third party brought in by the court. This person is absolutely neutral and is familiar with divorce law, and will do his or her best based on the information presented to craft a divorce agreement. Division of property, fault, payments owed, and all other details of the divorce are handled by the arbitrator, and unless he or she violates the law or makes a major error that can be proven in court, both parties are legally bound to accept the final outcome.
For many spouses, this is simply a convenient way to speed up the proceedings and prevent arguments – particularly in a case where there is no fault and assets are relatively equal between the two, chances are good that the decisions of the arbitrator will make sense and fall somewhere in the middle of the interests of the two parties. Arbitration just saves the couple from having to make those decisions themselves. It also allows you to avoid court litigation where your personal information will become public record.
Getting Help
Whether you decide to end a marriage yourself through creating a dissolution agreement or you turn to an arbitrator to make decisions for you, you will want to get legal help. A qualified divorce attorney can explain all the different options you have for reaching a divorce agreement and can help you to make sure that your rights are protected no matter how your marriage is dissolved.
