Ending a marriage can be a complicated affair, not least because of the legal, emotional and financial matters involved in parting ways with a spouse.  Navigating the legal terms and options available to both parties can further add to this complexity, especially with the availability of alternative routes to divorce today such as mediation and collaborative divorce.

When it comes to ensuring the most appropriate path for ending a marriage, couples must take into account various factors, including the grounds for their separation which can help them determine whether a marriage dissolution or traditional divorce is most appropriate in their situation. In this article, we will help you understand the difference between divorce and marriage dissolution so you can decide which option is best suited to your circumstances.

Marriage Dissolution vs. Divorce

The terms ‘marriage dissolution’ and ‘divorce’ are often used interchangeably today, however, in reality, they refer to two different and distinct legal processes that can have different implications for the parties involved.

The main difference between dissolution and divorce is the reason behind the termination of the marriage. In a divorce, one spouse blames the other for the breakdown of the marriage by alleging fault as the grounds for separation. This might include grounds like adultery, cruelty, abandonment or confinement. Divorce is also appropriate in cases where the parties are unable to agree on key issues such as the division of their assets or custody of their children. In these situations, a judge will determine the outcome of these matters.

A marriage dissolution, on the other hand, can be considered as a no-fault path to ending a marriage. If there is no blame to be assigned to either party and there is consensus on the key terms of their separation then a dissolution may be an appropriate option. 

Which is the Best Option?

If you are ending your marriage and wondering whether a marriage dissolution is an option instead of going through divorce court, the following questions can help guide you:

• Is anyone at fault? If you or your spouse both agree on the reasons for ending the marriage and feel that no one is responsible for its breakdown, then a dissolution may be suitable.
• Can you agree on key decisions? If you can both agree on major decisions relating to your separation such as agreeing on how to divide financial assets, share any debts, and custody of your children, then a dissolution may be a good option.
• Are you willing to work together? If you and your spouse are able to cooperate with one another to reach an amicable agreement as to the terms of your separation there is no need for the courts to intervene and formally decide these matters for you, making dissolution a viable option.
• Is there a prenuptial agreement? If you and your spouse signed a prenuptial agreement, the process for ending the marriage can be streamlined as key terms have already been agreed to. As long as there are no disputes or unresolved issues, this can make dissolution a possible option.

Each marriage is unique, as are its reasons for ending. If you would like more information on the best route to end your marriage it is advisable to speak to an experienced family law lawyer who can advise you of your options.