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Should We File for Divorce, Dissolution, or Legal Separation?

Posted by Christopher Fogt | Dec 23, 2022 | 0 Comments

So, you and your spouse have decided that it is best to part ways. Separating from someone can be stressful and emotional. You may be wondering how you can end your relationship in the most efficient way possible.

Married couples have three legal options, Divorce, Dissolution, or Legal Separation. The steps involved for each of these three legal actions are quite similar. However, the requirements, processes, and outcomes are not the same. To decide which route is most appropriate, it is important to consider the key differences between them.

Divorce

Most people are familiar with divorces. A divorce is the most common way to end a marriage, but it is also the most time consuming. Divorces can take anywhere from several months to more than a year to complete. A divorce is the most viable option for couples who have a contentious relationship. Unlike the other options discussed below, divorces are necessary to settle disagreements regarding issues like division of assets/debts, child custody, and financial support. Most divorces conclude with the parties eventually coming to a resolution. However, in cases where an agreement cannot be reached, a hearing is held and the disputed issues are decided by a judge.

Dissolution

Compared to divorces, dissolutions are simpler, less time consuming, and more affordable. However, a dissolution is only practical if both parties can come to an agreement on all issues. If a dissolution is initiated and the parties are unable to agree, the case must be converted to a divorce, which costs additional time and resources. So, before deciding on a dissolution, ensure that you and your partner truly agree on all aspects involved with ending the marriage, such as finances, property, and parenting time with children.

Legal Separation

A legal separation is very similar to a dissolution. The primary difference is that a legal separation does not technically terminate the marriage. It simply establishes an agreement as to how the parties will live apart from one another. Therefore, someone who is legally separated cannot remarry. For this reason, legal separations are typically not the best choice for most couples. However, legal separations are sometimes a preferred option among people who hold religious objections to ending their marriage through divorce or dissolution. It is also used so that one spouse can continue covering the other spouse on their health insurance.

Conclusion

Divorces, dissolutions, and legal separations are all complex and involve serious and long-lasting consequences. Regardless of which option you are interested in pursuing, it is important to have experienced and knowledgeable counsel to represent you.

If you are considering any of these possibilities, you should contact Fogt Law Office before taking any legal action. Attorney Fogt has helped numerous clients move on with their lives by guiding them through these legal procedures. If you are ready to begin a new chapter in life, call (937) 254-2600 to discuss your options.

About the Author

Christopher Fogt

Education Christopher Fogt attended Case Western Reserve University School of Law. Case Western is a nationally recognized law school with an esteemed faculty. He is a proud alumni. Christopher Fogt is also a proud alumni of University of Dayton where he graduated with two Bachelor of Art Degree...

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