If you’re considering ending your marriage, you may come across the term “dissolution of marriage” and wonder how it differs from divorce. In California, the two terms generally mean the same thing. A dissolution of marriage is the legal process that formally ends a marriage and resolves issues like property division, child custody, child support, and spousal support.
Although the terminology may sound more formal, understanding what a dissolution of marriage involves can help you better prepare for the legal process and the important decisions that come with it.
Is a Dissolution of Marriage the Same as a Divorce?
Yes. In California, “dissolution of marriage” is the legal term used by the courts for what most people commonly call a divorce.
A dissolution legally ends the marital relationship, allowing both spouses to move forward independently. Once the process is complete and the court enters a final judgement, each person is considered legally single and may remarry if they so choose.
The legal issues addressed during a dissolution are generally the same as those involved in any California divorce.
What Issues Are Resolved During a Dissolution?
A dissolution of marriage addresses all of the legal matters that arise when a marriage ends. Depending on the couple’s circumstances, this may include determining how property and debts will be divided, establishing child custody and visitation arrangements, calculating child support, and deciding whether spousal support is appropriate.
If the spouses are able to reach agreements on these issues, the process may be relatively straightforward. If disputes arise, the court may be asked to resolve them.
California Is a No-Fault Divorce State
California follows a no-fault divorce approach. This means that neither spouse has to prove wrongdoing like adultery or abandonment, to obtain a dissolution of marriage.
Most dissolutions are based on irreconcilable differences, meaning the marriage has broken down beyond repair. Because fault is generally not a factor, the court focuses on resolving legal and financial issues rather than assigning blame for the end of the marriage.
This approach can help keep the legal process focused on practical solutions as opposed to personal conflicts.
How Property Is Divided
California is a community property state, which typically means that assets and debts acquired during the marriage are divided equally between the spouses unless they reach a different agreement.
However, not all property is considered community property. Assets owned before the marriage, certain inheritances, and qualifying gifts may be treated as separate property.
Determining which assets are community property and which are separate can become one of the more complex aspects of a dissolution, particularly when businesses, retirement accounts, or real estate are involved.
How Long Does the Process Take?
Every dissolution is different, and the timeline depends largely on whether the spouses agree on the major issues.
California law requires a minimum six-month waiting period before a dissolution can be finalized. Even if both spouses agree on every issue, the court generally cannot enter a final judgement until this waiting period has passed.
If disputes over property, custody, or support arise, the process may take considerably longer.
Can a Dissolution Be Contested or Uncontested?
A dissolution may either be contested or uncontested.
An uncontested dissolution occurs when both spouses reach agreements on all major issues, allowing the case to move through the court more efficiently. A contested dissolution involves disagreements that require negotiation, mediation, or court intervention before a final judgement can be entered.
Many cases begin with disagreements but are resolved through settlement before reaching trial.
Why legal Guidance Can Help
Even when both spouses intend to cooperate, a dissolution of marriage can involve complicated legal and financial issues. Working with an experienced firm like Men’s Legal Center can help you understand your rights and protect your interests throughout the process.
Make sure that you reach out for your free case review as soon as possible so that your future is handled the right way.