Divorce vs. dissolution: What’s the real difference?

Key Takeaways:

• In most states, dissolution of marriage and divorce refer to the same legal process.
• However, Alaska and Ohio distinguish between the terms: You terminate a marriage through “dissolution of marriage” if you agree on all divorce-related issues, and you “divorce” if you disagree on some or all issues.
• Most states use the terms “contested” and “uncontested” to capture the distinction that Alaska and Ohio make between divorce and dissolution. 

Some sources claim that dissolution of marriage vs. divorce involves two distinct legal processes. Often, these sources claim that dissolution is a less formal, more collaborative process, while divorce is more formal and less collaborative. 

The truth is, the vast majority of U.S. states use the terms “dissolution of marriage” and “divorce” interchangeably. To the extent that states do distinguish between an informal, cooperative separation process and a formal, noncooperative process, most states use the terms “uncontested divorce” and “contested divorce”.

To help you better understand all of this legal language, this article dives into what divorce and dissolution are. We explain when the terms mean the same thing and when they mean different things. We also discuss what these similarities and differences mean for anyone seeking to end their marriage.

What is marriage dissolution?

More often than not, “dissolution of marriage” is the formal term states use to mean terminating a marriage. When you get a dissolution of marriage, you often address the following issues:

• Property division
• Spousal support (also called “alimony” or “spousal maintenance”)
• Child custody
• Child support

Depending on the circumstances, a dissolution might also involve a protective or restraining order. 

Pro tip: “Protective order” and “restraining order” are also terms that different states use to refer to the same basic concept. Some states use the terms interchangeably, but others distinguish between them. If you’re unsure which is the right term for your state, court forms for requesting the order usually identify what the order is called near the top.

What does divorce mean?

Divorce is the process of officially terminating a marriage. At the end, a judge issues a divorce decree to end the marriage.

With limited exceptions, most states use the terms “divorce” and “dissolution of marriage” to describe the same legal process. Most of us are more familiar with the term “marriage” because it’s more commonly used, especially outside of courtrooms and legal offices.

There are different types of divorce, though. In most states, whether a divorce or dissolution is contested or uncontested serves as the primary distinction. 

• In a contested divorce, you and your spouse disagree on how to resolve at least some core issues, like childcare and property division. Overall, contested divorces require more time, energy and money.
• In an uncontested divorce, you and your spouse typically agree on how to resolve all issues before you file. 

Let’s discuss the differences between contested and uncontested divorce in more detail.

First, most states require spouses filing for an uncontested divorce to provide a separation or dissolution settlement agreement when they file or shortly after. During a contested divorce, states don’t require an agreement between spouses at the time of filing or at any other time.

Second, generally, uncontested divorces usually have minimal court involvement. Depending on your state, you may have to attend only a final hearing, or you may divorce without going to court at all. Regardless, your divorce isn’t final without court approval.

On the other hand, contested divorces require more extensive court oversight, including one or more court hearings. Still, contested divorces don’t necessarily require the court to decide every divorce-related issue between the spouses. The court only decides the issues the spouse can’t agree on.

Third, contested divorces tend to take longer than uncontested divorces. But the length of the divorce process also varies based on the state’s residency requirements and divorce waiting period.

Most states allow married couples to file for divorce or dissolution only after they’ve lived in the state for a certain period (often three months). Once you meet this residency requirement, ending a marriage often involves the following steps:

1. One or both spouses file for divorce or dissolution 

2. The spouses may reach an agreement about some divorce issues

3. The spouses observe the waiting period (if there is one)

4. The court terminates the marriage

Most—but not all—states require a waiting period between when you file for divorce and when the court will grant the divorce. Among states with waiting periods, 21 to 90 days are most common. 

Some states also require couples to live apart before the court can issue a final divorce decree. For example, in Virginia, couples without minor children have to live apart for six months, and couples with minor children must live apart for an entire year before divorcing. Usually these waiting periods are mandatory, and state laws authorize no exceptions allowing individuals to shorten them.

The fourth difference between uncontested and contested divorce is the cost. In most cases, uncontested divorces require less work by lawyers, judges and mediators. As a result, uncontested divorces typically cost significantly less than contested divorces. 

Fifth, there’s the process to resolve issues. Uncontested divorce may involve negotiation between spouses, either directly, through lawyers or through divorce mediation. In mediation, you and your spouse meet with a neutral trained professional who helps you talk through your issues to find solutions in a collaborative environment. 

Contested divorces often involve the same tactics as uncontested divorces, with the addition of court hearings. 

Sixth is the required documentation. Contested and uncontested divorces both usually require spouses to provide documentation of their finances and details about minor children. Because you and your spouse agree that you want a divorce and why you want the divorce, uncontested divorces typically require little other evidence. 

However, contested divorces may require you to provide documentation of the reasons for the divorce, like proof of adultery if you file based on that ground. Even contested divorces based on no-fault divorce grounds frequently require more work to obtain financial documents from less-than-cooperative spouses. And disagreements about child custody may also require you to get a custody evaluation.

Divorce vs. dissolution: Key differences to know

In most U.S. states, the difference between divorce and dissolution of marriage is primarily in how people use the terms, not in the substance of the legal proceedings. So when it comes to marriage dissolution vs. divorce, the key difference is that the general public is more likely to use the term “divorce”, but state laws are more likely to use the term “dissolution of marriage”. 

However, at least two states, Ohio and Alaska, do distinguish between divorce and dissolution of marriage. In both states, divorce refers to a contested process, while dissolution refers to a collaborative process. At the end of the dissolution process, you have a marital dissolution agreement vs. a divorce decree. 

We discuss the differences between divorce and dissolution of marriage in Ohio and Alaska below.

Agreement required vs. optional

In the states where dissolution means uncontested divorce, you generally must include an agreement establishing the terms of your divorce. Both spouses should sign the agreement to show they agree.

If you disagree on any issues, you need to pursue a divorce. You may reach a settlement on any issues you agree on, and the judge can decide the issues you don’t agree on. If you come to an agreement on all issues after initiating a divorce, you still have the option to sign a settlement agreement rather than going to court.

Court involvement

Dissolution requires little court involvement since you’ve already worked out your dissolution terms. But divorce generally requires more court involvement since you and your spouse disagree on at least some issues. You may be required to attend multiple court hearings and conferences. 

Time to complete

Dissolution is typically faster than divorce, frequently taking one to three months. Divorce, on the other hand, may take six to 18 months or longer if you and your spouse disagree on many issues.

Legal costs

Since dissolution is faster and requires less court involvement, it is often significantly cheaper. You cut down on court fees and attorney fees, potentially saving thousands of dollars. 

Divorce tends to be more expensive, and how expensive it gets often depends on how contentious the process is. In most cases, the more help you need from a lawyer, the more you pay.

Contested issues

In a dissolution, you have no contested issues remaining—you must resolve them before filing. In a divorce, you may have one or more contested issues, depending on the circumstances.

Required documentation

Dissolution typically involves simpler, straightforward paperwork focused on the agreement terms.

Divorce often requires extensive documentation, especially documentation related to property you own. Required documents may include:

• Income statements (pay stubs, tax returns, W-2s, 1099s)
• Bank statements (checking and savings accounts)
• Investment account statements (stocks, bonds, mutual funds)
• Retirement account statements (401(k)s, IRAs, pension plans)
• Debt documentation (credit card statements, mortgage documents, personal loans)
• Property ownership documents (deeds, titles, lease agreements)
• Court-required financial disclosure forms
• Life insurance policies
• Details about your health insurance
• Proof of expenses (utility bills, lease agreements, receipts)
• Marriage certificate
• Birth certificates of any minor children
• Child custody and parenting time proposals
• Child support worksheets

Legal grounds for divorce and dissolution

Usually when you file for dissolution of marriage or divorce, you provide a reason for ending the marriage—what’s known as a legal ground for divorce. Today, every state offers no-fault divorce, and many state laws also authorize fault-based grounds for divorce. 

In states that distinguish between divorce and dissolution, dissolution is typically no-fault. A no-fault dissolution is one in which neither spouse blames the other for the marriage ending. 

Divorce may be no-fault or fault-based. When you seek a fault-based divorce, you have to prove that one spouse is responsible for causing the marriage to end.

Below are some common grounds for divorce and dissolution of marriage.

Mutual agreement to separate

If both spouses voluntarily agree to separate, they may file for a no-fault divorce or dissolution together. Filing together simplifies the legal separation process, saving time, money and, possibly, relationships.

Irreconcilable differences exist

Often, no-fault divorce comes from laws authorizing divorce when “irreconcilable differences” exist between the spouses, there’s been an “irretrievable breakdown” of the marriage or both. 

There’s no specific definition of what “irreconcilable differences” means. In short, you must believe there’s no chance—or at least that it’s quite unlikely—that you and your spouse will ever rekindle your romantic relationship and live as a married couple again. 

You rarely have to offer much to prove irreconcilable differences, even in a contested proceeding. Typically, it just takes one spouse deciding they no longer want to be married to the other.

Many people elect to divorce based on irreconcilable differences, even if they have fault-based grounds for divorce, because a no-fault divorce is simpler and requires minimal proof.

Legal incapacity

Another no-fault ground that states typically offer is that one spouse no longer has the legal capacity to be married. In short, someone lacks legal capacity if they’re no longer of sound mind, usually due to a mental or physical condition. For example, a person may lack legal capacity if they suffer severe brain damage.

Abandonment for extended period

One spouse may file for at-fault divorce if the other spouse abandons them in circumstances where the abandoning spouse:

• Purposefully deserts the other spouse
• Is absent for at least one year
• Doesn’t contact the other spouse while they’re gone

If a spouse is absent for reasons beyond their control, like becoming stranded abroad, they typically haven’t abandoned their spouse. Therefore, the other partner can’t cite abandonment as a ground for divorce.

Domestic violence

States typically authorize fault-based divorce on the grounds of “cruelty”. In this context, cruelty often means domestic violence. Usually, that means subjecting someone to physical, verbal or emotional abuse, threatening to harm them or others, or manipulating or coercing them.

Substance abuse

Chronic substance abuse by one spouse often disrupts marital life and family stability and is a fault-based divorce ground in several states. To justify fault-based divorce, the spouse’s substance abuse must impact the marriage. 

Do you need an attorney for divorce or dissolution?

While no states require you to hire a lawyer to get divorced, professional guidance may prove helpful in navigating complex issues like property division, custody arrangements and financial settlements. The value of a lawyer often increases based on factors like:

• Case complexity, including whether you have complicated debts and assets
• Sharing minor children
• Difficulty negotiating with your spouse 

Even in less complex cases, legal advice from a knowledgeable and experienced attorney may help protect your rights and ensure you complete each step of the process properly.

How long does the divorce vs. dissolution process take?

In the states that distinguish between divorce and dissolution, dissolution is typically faster, while divorce takes longer. A dissolution may be completed in a few months, while a divorce may take several months or more than a year.

When are you eligible for divorce or dissolution? 

Under Alaska and Ohio law, you’re eligible for dissolution if you and your spouse agree on the terms of ending your marriage. You have to file for divorce if you disagree on important terms.

Bottom line

In most states, divorce and dissolution of marriage are the same thing. However, in Ohio and Alaska, “dissolution of marriage” is an uncontested divorce, meaning the spouses reach an agreement on the terms of the divorce. Also in those states, “divorce” is a contested divorce, meaning the spouses can’t reach an agreement on at least one issue and court intervention is needed to resolve their disputes.

Sources

https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH6/SECT32-601/; https://law.lis.virginia.gov/vacode/title20/chapter6/section20-91/#:~:text=7)%2C%20(8)%20%5BRepealed.%5D-,(9),-(a)%20On%20the; https://codes.ohio.gov/ohio-revised-code/section-3105.0; https://codes.ohio.gov/ohio-revised-code/section-3105.08; https://www.akleg.gov/basis/statutes.asp#25.24.010; https://www.akleg.gov/basis/statutes.asp#25.24.200; https://www.iowacourts.gov/for-the-public/court-forms; https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2310; https://malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section1; https://www.nysenate.gov/legislation/laws/DOM/170; https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+IV&ActID=2086&ChapterID=59&SeqStart=3900000&SeqEnd=5400000https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=2312; https://www.nysenate.gov/legislation/laws/DOM/170