The dissolution of a marriage is another term for a no-fault divorce. This is when you file the paperwork in court to formally end the marriage. This is not the same thing as filing for a divorce on the grounds of fault, such as cruelty or infidelity..
Filing the court papers is more of a formality at this point if the couple has settled the major issues in the divorce. These include things such as property division and custody. However, it can be contentious if there are still issues for the judge to decide.
Dissolution Can Mean Litigation, But it Does Not Have To
The dissolution process begins with filing the paperwork with the court. If there is a marital separation agreement that the spouses have agreed to, it will be included as part of the filing. There will still be a court hearing necessary, but it would not be adversarial.
If there are issues where the parties disagree, the judge will decide on their resolution in the dissolution process. This would begin formal litigation, where the parties get to request information from each other in discovery. However, it does not mean that the parties can no longer settle their case. Even when there are still differences, the parties should try to work to resolve them before they reach a formal trial. If matters are then settled, the parties will file the marital settlement agreement. They may still ask a judge to decide some of the issues on which they cannot agree.
Greenville Divorce Law Firm
Hiring an attorney could actually help you avoid litigation. At the Elliott Frazier Law Firm, we try to keep our clients out of court but will fight hard for them in litigation if it is necessary. Call us today at (864) 256-3553 or contact us online.
Is a divorce trial inevitable?
No. While it takes two to talk and agree, divorce trials are actually rare.
How does a lawyer help me?
Your lawyer can help you bridge the gap with the other party and handle the details of the negotiations.
How can I settle my divorce?
If you are having difficulty, things like mediation can help the two parties talk.