Dissolution of Marriage
Dissolution of marriage is the legal termination of a marital relationship through court action. It's the formal process that ends your legal status as a married person and resolves all associated rights and obligations, including property division, custody arrangements, and support payments.
The Filing Process
To initiate dissolution, one spouse files a petition in the family court of the county where you or your spouse resides. Most states require a residency period before filing, typically 6 months to 1 year. You'll need to include basic information about your marriage, children, assets, and debts in the initial filing. Court filing fees range from $200 to $500 depending on your state, though fee waivers are available for those with limited income.
Contested vs. Uncontested Dissolution
An uncontested dissolution occurs when both spouses agree on all major issues before going to court. This typically takes 30 to 90 days after the waiting period and costs $1,000 to $3,000 in legal fees. A contested dissolution involves disagreements over custody, property division, or support and can take 1 to 3 years, with costs ranging from $5,000 to $50,000 or more depending on complexity and litigation intensity.
Key Elements Resolved During Dissolution
- Property and Debt Division: Courts divide marital assets and liabilities under either community property (9 states) or equitable distribution (41 states) principles. Community property states divide assets 50/50; equitable distribution states divide assets fairly but not necessarily equally based on factors like income, earning capacity, and length of marriage.
- Custody and Parenting: Courts establish legal custody (decision-making authority) and physical custody (living arrangements). Most states now prefer joint custody arrangements when both parents are fit, though one parent may have primary physical custody.
- Child Support: Calculated using income shares model in most states. The non-custodial parent typically pays; amounts are based on both parents' gross incomes, number of children, and custody arrangement. Average child support ranges from 15% to 25% of the non-custodial parent's income for one child.
- Spousal Support (Alimony): May be awarded based on the length of marriage, earning capacity disparity, and ability to pay. Temporary support covers the divorce period; permanent support (rare in marriages under 10 years) continues indefinitely or until remarriage; rehabilitative support funds education or training for self-sufficiency.
Waiting Periods and Timeline
Most states impose a waiting period between filing and finalization, ranging from immediate (Alaska, Washington, Nevada) to 6 months (California) or longer. Even in uncontested cases, you cannot finalize dissolution until this period expires. If you have minor children, the timeline typically extends another 30 to 60 days beyond the waiting period to allow time for investigation and consideration of the children's best interests.
Common Questions
- Can I get a dissolution if my spouse won't cooperate? Yes. You can proceed with a contested dissolution even if your spouse doesn't respond or participate. The court will make decisions on your behalf based on available evidence, though this takes longer and costs significantly more.
- How is debt divided in dissolution? Marital debt (incurred during the marriage) is divided like assets under your state's property division rules. Separate debt (from before marriage or in one spouse's name only with funds used separately) typically remains with that spouse, though courts have discretion in some cases.
- Can dissolution orders be modified later? Yes. Support orders and custody arrangements can be modified if there's a significant change in circumstances, such as job loss, income increase, or material change in the child's needs. Property division is typically final and cannot be modified except in rare circumstances involving fraud or mistake.