Dissolution of marriage is a legal term for divorce. It primarily involves reconciling all the rights and obligations between you and your spouse, including custody and care of children. Ultimately, upon approving the terms of the dissolution, a court officially declares a marriage terminated or dissolved. The laws of divorce vary by state, so it's important to understand the particular process of dissolution where you live.
Origin
Dissolution of marriage is a common legal phrase that essentially means the same thing as "divorce." The term "dissolution of marriage" was first officially used in 1969 in California, the first state to create a no-fault divorce process. The term is associated with this less confrontational and formalistic process that allows a willing spouse to freely terminate a marriage, but is also used interchangeably with the more traditional term "divorce." Unlike California, some states that have adopted a no-fault divorce option retain the traditional grounds for divorce, which include adultery, abandonment, incarceration and inhuman treatment or abuse.
No-Fault Divorce
Under the California approach, the traditional grounds for divorce have been abolished and only no-fault divorce is available. On the testimony of just one of the spouses, the court can grant a divorce for "irreconcilable differences." This makes it virtually impossible to prevent a spouse who wants a divorce from getting one. While almost every state has since adopted some form of no-fault divorce, some require both you and your spouse to agree to the process, effectively eliminating the unilateral aspect of the California dissolution process. In some states, like Georgia, the no-fault dissolution option is called "irretrievably broken," according to Cornell University Law School.
Residency
One of the benefits of living in the United States is that you can travel freely among the 50 states and you can get married or divorced in any state. It's not necessary to get divorced in the state in which you were married, but all states have at least some minimal residency requirements that you must meet before you can file. In the more restrictive states, you can file only if you have been a resident of the state for six months or more, and only in the county in which you reside. The more lenient states allow you to file if either you or your spouse has been a resident for as little as 90 days. All states allowed members of the Armed Services to file if stationed in the state for a certain period.
Effects
The purpose and effect of dissolution of marriage is to terminate the legal marriage relationship. Marriage carries significant consequences that include the joint ownership of property, shared liability for debts and taxes, access to information and custody of children. Simply living apart from your spouse does not end the marriage, and unless a legal separation is obtained, property either you or your spouse acquires after moving out can still be considered marital property. A declaration of divorce or dissolution gives you and your spouse the right to remarry.
Alimony
Generally, when a marriage is terminated, both spouses are entitled to maintain the lifestyle they enjoyed during the marriage. This is not necessarily true if the marriage existed for only a short period of time or the ownership of assets was very one-sided. Unless you and your spouse reach a private agreement or have an enforceable prenuptial agreement, the court weighs a variety of factors including each spouse's education level, age and earning potential to determine how much alimony, if any, should be awarded. In most states, property is divided in order to produce a fair outcome between you and your spouse. A minority of states are community property states, in which marital property is divided evenly.
