What Does Dissolution of a Marriage Actually Mean?

A “dissolution of a marriage” means different things in different US states. In the following article, I am going to review the different interpretations. Consider which one applies to you, and above all, beyond Googling or relying on AI, check the laws in your state. To do so, I highly recommend you connect with a divorce attorney near you to hear feedback on your particulars.

What is a Dissolution of a Marriage?

Some states recognize the “dissolution of a marriage.”  Simply put: this is the legal process that ends a marriage with a judgment of divorce. The terminology is typically synonymous with the divorce process, but in some states, like Ohio or Alaska, it has a more specific meaning reserved for only uncontested divorces.

In states that use the “dissolution of marriage” jargon, “divorce” is used for contested cases, while “dissolution” is used for amicable and quick settlements.

The dissolution of marriage in these states may be collaborative in nature. Essentially, the marriage is dissolving, and the parties have chosen to proceed without any “fault grounds” for the divorce. The parties are not going to court to litigate their case in front of a judge. Rather, they are working together or with their lawyers or through mediation to come to a quicker settlement. They may use one attorney or mediator to facilitate the process. Much like any uncontested divorce (read “What is a Contested Divorce?), both parties must agree on all substantive issues, including child custody, visitation, equitable distribution, spousal maintenance, and the division of any marital debts. The parties then write up an agreement and file it with the court.

In New York where I practice, the term “dissolution of a marriage,” is uncommon and “dissolutions” are frequently used in the context of domestic partnerships, not legal marriages.

What is a Domestic Partnership?

A handful of states and some cities now recognize domestic partnerships. In New York City, a domestic partnership is a recognized legal status between two parties. A domestic partnership has a different legal meaning from a marriage.  In New York City, to enter into a domestic partnership, both parties must be over 18 years old, reside together in a committed relationship for at least six months, and not be married. They can be same sex partners or opposite sex partners.

What are the Benefits of a Domestic Partnership?

Some may feel that domestic partnerships offer more flexibility than traditional marriages. Others may not wish to associate with the historical entrapments & patriarchal nature commonly associated with marriage.

Usually, a domestic partnership allows for health insurance coverage, medical and legal decision-making including emergency healthcare decisions, and certain state and city benefits that may include housing assistance or remaining in a rent-controlled apartment after a domestic partner dies. Domestic partners should be able to obtain family medical leave, bereavement, and sick leave. Sometimes other domestic partnership benefits might also apply. Check under your state or city’s regulations for additional guidance.

One reason why many people choose a domestic partnership rather than a marriage is because they do not want to automatically share financial responsibilities and entangle themselves with financial liabilities, including debts, property, and assets, with their partner. They can choose to do so — but domestic partnerships do not maintain the same legal rules and privileges that apply when a marriage ends. 

How do you Dissolve a Domestic Partnership?

In New York City, to dissolve a domestic partnership, you need to file a Notice of Termination with the court in a county where you and your partner currently reside. The form has spaces for you to write down your name, the name of your partner, your addresses, and the date you entered into your domestic partnership. You then need to serve your partner either in person, through the mail, or via a process server with the Notice of Termination. Your partner will then have a certain amount of time to respond to the notice. A judge will issue a Judgment of Termination to officially terminate the domestic partnership. 

How do you Divide Assets and Liabilities when Your Domestic Partnership Dissolves?

Some states recognize domestic partnerships and others recognize what is known as a common law marriage. New York does not recognize any common law marriage. If you have a legally recognized domestic partnership and acquired assets and property during it, you will want an agreement that divides everything fairly. However, courts do not automatically apply the traditional equitable distribution laws used at the end of a marriage to domestic partnerships. This is because domestic partnerships do not offer the same legal protections as marriage.

If you and your partner mixed finances, properties, and debts during your domestic partnership, you will need to come to an agreement on the division of property and assets. If you are unable to do so, the court can make a decision for you on how to divide everything.

What are the Benefits of Seeking a Dissolution of a Marriage?

In states that recognize and utilize the term “dissolution of marriage,” the benefits are the same as having an uncontested divorce. It can be quicker, less stressful, and significantly cheaper than litigating a contested case in court. However, you really need to know your partner and believe that your spouse is honest and fair before pursuing this potential option.   For example, if you do not have a clear and full understanding of the family’s finances or your spouse’s assets and debts, you should still ask for full financial disclosures from your spouse before entering into a separation agreement.

What are the Cons of Seeking a Dissolution of Marriage & What Should Women Specifically be Aware of?

While a “dissolution of the marriage” sounds like a nice and easy way to proceed, it is similar to any uncontested divorce process. If your partner is unreasonable, abusive to you or your children, not forthcoming about finances, engaging in any kind of manipulative or deceptive behavior, or exerting coercive control, sitting down and hashing out a fair settlement will be unlikely and unwise. You could potentially be giving up significant legal rights that may harm you and your family for many years to come. That is why it is crucial to seek the advice of an attorney to ensure that you understand your rights and responsibilities prior to signing any Settlement Agreement, even if you pursue this more collaborative option. Read “How is Property Divided in a Settlement Agreement?”

As women, it is especially important to understand both the short-term and long-term impact that the divorce process and the conclusion of the marriage will have on you and your family’s finances.

Financial literacy, budgeting, and tax implications are essential concerns that must be considered before entering into any final agreement irrespective of whether you pursue a divorce based on a dissolution of a marriage or an uncontested divorce. Most of our Readers have never been divorced before. My advice is if you are thinking about divorce, don’t rely on the internet for your future. Get first-hand legal advice from a lawyer near you.

NOTES

About Meredith: A zealous advocate for her clients, Meredith L. Singer is an experienced NYC divorce attorney who strives to keep legal representation affordable and accessible.

If you live in New York City or Brooklyn, schedule your legal consultation with Meredith by emailing her at meredithsingerlaw@gmail.com

You can also visit her website here.

 

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*We support same-sex marriages. For the sake of simplicity in this article, however, we refer to your spouse as your “husband” or a “he.”