If you live in Michigan and are considering a divorce or separation, this article will walk you through the differences so you can make an informed decision. 

Divorce vs. legal separation in Michigan

Family Law

Married couples in Michigan who are struggling with their marriage may not realize legal separation is an option. It’s just that the state calls it “separation maintenance”.&nbsp; In this article, we explain the differences between divorce and legal separation in Michigan and how each process works. This information may help you confidently decide which path to pursue.

Divorce and legal separation (separate maintenance) in Michigan

Divorce and <a href="https://www.marble.co/blog/family/divorce/legal-separation-in-marriage" rel="noopener noreferrer" target="_blank">legal separation</a> are legal concepts related to the termination or alteration of a marital relationship. In both processes, the spouses often need to reach an agreement (or have a court decide for them) about issues such as <a href="https://www.marble.co/blog/family/child-custody/legal-custody-vs-physical-custody" rel="noopener noreferrer" target="_blank">child custody</a>, child support, spousal support and the division of marital property, assets and debts.&nbsp; The primary difference between divorce and legal separation is the legal result of the proceedings:&nbsp;

Divorce, also referred to as “dissolution of marriage,” dissolves the marriage.

Legal separation, referred to as “separate maintenance” in Michigan, allows couples to live separate lives while remaining legally married.

Under Michigan law, although divorce and separate maintenance are distinct legal actions, they follow roughly the same process.

In divorce actions, one party typically initiates the legal process by filing a complaint in the circuit court where one or both parties reside, stating the legal grounds (reasons) for the action. Notably, Michigan is a no-fault state, meaning that neither party has to prove any fault or wrongful conduct for the divorce to be granted.&nbsp; Along with the complaint, the filer must pay a fee. Currently, there’s a $150 filing fee and a $25 electronic filing service fee, for a total of $175. If your divorce involves child custody or parenting time, you have to pay an additional $80. If the action involves child support only, you have to pay an additional $40 instead. If these fees are challenging for you, you can submit a request that the court waive the fees. The court takes a number of factors into consideration to determine whether to grant these requests. If the spouses disagree on any terms of the divorce (such as property division, child custody, parenting time, child support and spousal maintenance), Michigan judges often order the couple to attend <a href="https://www.marble.co/blog/family/divorce/legal-separation-vs-divorce" rel="noopener noreferrer" target="_blank">mediation</a> to attempt to find some common ground. Michigan courts also offer a mediation-like alternative dispute resolution program through Michigan’s Friend of the Court (FOC) system. The FOC may help parents work through disagreements informally through joint meetings, conferences or a hearing before an FOC referee. These meetings typically address issues related to child custody, parenting time and child support.&nbsp; Whether through mediation, FOC or on their own, if the spouses can find an agreement on all issues of the divorce, the divorce is uncontested. The spouses can file a proposed divorce decree with the court. Unless the agreement is contrary to the law, the court generally orders a divorce decree under the proposed terms. If the spouse can’t reach an agreement, they have a contested divorce and may end up in the courtroom. There, the spouses put forward evidence in a hearing to argue for their desired outcome. Then the court reaches a decision and issues a divorce decree. Even in divorces where the couple agrees on everything, the court won’t issue a decree right away. The court must wait 60 days after the couple officially files for divorce if they have no minor children or six months if they have minor children before issuing the divorce decree. This waiting period applies even if the couple separated before filing for divorce but may be waived in compelling circumstances.

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The process of legal separation in Michigan begins in much the same way as divorce in the state. One spouse files for separation maintenance and pays the $175 and $80 or $40 filing fees. If both spouses want to pursue separation, filing typically involves creating a separate maintenance agreement. This agreement should cover the same matters a divorce decree covers. Once the couple finalizes this agreement, they can file it with the court for approval. If the separation is contested, one spouse files a complaint for separate maintenance and has it served on their partner. The partner must respond by filing an answer. When they do, they may either admit the grounds for separate maintenance or file a counterclaim for divorce.&nbsp; If they admit the grounds for separate maintenance, the couple may voluntarily work with a mediator or Michigan’s FOC alternate dispute resolution system to create a separation agreement. Michigan courts may also order couples to attend alternative dispute resolution processes. If the spouses don’t reach a final separation agreement, they may present their cases in a hearing before a judge. At the end of the hearing, the court will order a separate maintenance decree setting out the terms of the separation. On the other hand, if the other spouse counterclaims for divorce, the case will go to trial for divorce. If the court finds that there has been an irretrievable breakdown of the marriage, the court will enter a judgment of divorce rather than separation.

Divorce and separate maintenance are quite similar in Michigan. Apart from the difference in your official marital status, divorce and separate maintenance involve the same:

Legal issues: child custody and parenting time, child support, property division, spousal support

Filing process: one spouse files a complaint and serves it on the other, who files an answer

Filing fees: $175 base fee, plus $80 for cases involving child custody and parenting time or $40 for cases involving child support only

Resolution mechanisms: negotiation, mediation, FOC, litigation

Ultimately, the decision to pursue one or the other generally depends on whether you want to remain legally married or not.&nbsp;

If you have questions about whether and how to move forward, consider speaking with a Michigan divorce attorney.&nbsp; An experienced family law and divorce lawyer may help you better understand the differences between divorce and separate maintenance and discuss and identify your goals to determine which option may be most appropriate for your situation. Then, once you’ve determined the best path forward, an attorney may help you prepare your court filings, negotiate a potential settlement agreement with your spouse and litigate your claims in court if an amicable resolution isn’t feasible.&nbsp;

Michigan

If you’re considering getting divorced, here are some questions that can help you determine what divorce lawyer is right for you. 

Essential Questions to Ask a Divorce Lawyer: A Comprehensive Guide

Choosing the right divorce lawyer is crucial when navigating the complexities of ending a marriage. Whether you’re contemplating divorce or have already initiated the process, having a knowledgeable and experienced attorney by your side can make a significant difference in achieving a favorable outcome.&nbsp; To ensure you find the right legal representation, it’s essential to ask the right questions during your initial consultation. In this article, we’ll discuss the key questions to ask a divorce lawyer to help you make an informed decision.

What is Your Experience with Divorce Cases?

Understanding your lawyer’s experience with divorce cases is essential. Inquire about their years of practice, their caseload of similar cases, and their success rate in achieving favorable outcomes for their clients. An attorney with extensive experience in divorce law is likely to anticipate challenges and effectively navigate the legal process on your behalf.

What Approach Do You Take to Divorce Cases?

Every divorce case is unique, and the approach taken by your lawyer can significantly impact the outcome. Ask about their approach to divorce cases, whether they prioritize negotiation and settlement or are prepared to litigate in court if necessary. An attorney who is skilled in negotiation but also prepared to advocate aggressively in court can provide you with the best possible representation.

A knowledgeable divorce lawyer will explain your legal rights and options based on your individual circumstances. Ask about the various options available for resolving your divorce, such as mediation, collaborative divorce, or traditional litigation. Understanding your options can help you make informed decisions about how to proceed.

What is the Likely Timeline for My Divorce?

The timeline for divorce varies depending on the specifics of the case. The most common factors that affect this timeline include the complexity of the issues involved and the level of cooperation between you and your spouse. Ask your lawyer for an estimate of how long your divorce is likely to take and what steps will be involved in the process. While they won’t be able to give you a definitive answer, they should be able to give you an idea of what to anticipate. Having realistic expectations about the timeline can help you plan accordingly.

Divorce can be expensive, so it’s essential to have a clear understanding of the potential costs involved in your case. Ask your lawyer about their fee structure, including their hourly rate, retainer fees, and any additional expenses you may incur. Also inquire about ways to minimize costs, such as resolving issues through mediation or negotiation rather than litigation.

How Will You Communicate with Me Throughout the Process?

Effective communication is key to a successful attorney-client relationship. Ask your lawyer how they will communicate with you throughout the divorce process and how often you can expect to receive updates on your case. Clarifying expectations for communication can help ensure that you stay informed and involved in the decision-making process.

How Will You Handle Child Custody and Support Issues?

If you have children, child custody and support will be among the most critical matters in your divorce. Ask your lawyer about their approach to handling these issues and how they will advocate for your rights as a parent. Inquire about their experience with child custody evaluations, parenting plans, and child support calculations to ensure that your children’s best interests are protected.

What is Your Strategy for Division of Assets and Debts?

Dividing assets and debts can be one of the most contentious aspects of divorce. Ask your lawyer about their strategy for achieving a fair and equitable division of marital property, including assets such as real estate, retirement accounts, and business interests. Understanding how your lawyer plans to approach property division can help alleviate concerns about financial security.

How Do You Handle High-Conflict Divorce Cases?

If your divorce involves high levels of conflict, it’s crucial to choose a lawyer who is experienced in handling these types of cases. Ask your lawyer how they approach contentious&nbsp; divorce cases and what strategies they employ to mitigate conflict and advocate for their clients’ interests effectively.

Can You Provide References or Client Testimonials?

Finally, ask your lawyer if they can provide references or client testimonials from past clients. Hearing from other clients about their experiences working with the lawyer can give you valuable insight into what to expect and help you feel confident in your decision to hire them.

Conventional wisdom says that working with a legal professional is the best way to increase the likelihood that you are satisfied with the outcome of your divorce. We surveyed approximately 280 divorced couples who worked with lawyers on their cases, and our data reflects this belief:

33% of the respondents hired a lawyer because they didn’t feel comfortable without one

25% did so because they wanted to get the best outcome for their case

24% said that they thought it would make things easier

Data from other survey sources also show that one of the benefits of working with an attorney is positive case outcomes, especially in more complicated cases that involve issues like spousal support and child custody. For example, one survey looked at custody cases where both parties had an attorney, one party had an attorney or neither party had an attorney. When both parties had an attorney, 74% were “extremely” or “moderately” satisfied with the outcome, whereas only 59% of people who didn’t work with an attorney reported the same levels of satisfaction. Another empirical study measured the benefits of working with a lawyer when seeking spousal support. Spousal support was awarded in more than 77% of cases where both the husband and wife had an attorney, but when neither spouse had an attorney, that percentage dropped to 10%. The fourth reason our survey respondents hired a lawyer was because their spouse already had one. Many people in this situation fear that if they don’t also have an attorney, their spouse will get an unfair advantage when it comes to dividing assets, child custody and more. There’s data to back this up too. The spousal support study showed that support was awarded in only 12% of cases when one party had a lawyer, versus 77% of cases when both parties had counsel. And in the custody survey, when both parties had lawyers, 86% of cases settled out of court, but when only one party had a lawyer, 63% of cases settled.

Benefits of working with a divorce attorney

While the upfront price of hiring an attorney appears to <a href="https://www.marble.co/blog/family/divorce/cheapest-way-to-get-divorced" rel="noopener noreferrer" target="_blank">cost more than self-representation</a>, those who represent themselves and don’t have any legal training can make mistakes that end up costing them time and money. Self-represented parties can struggle to correctly read complicated legal documents and complete accurate financial disclosure forms, and they don’t have an attorney’s strategic insight about how the legal system works.&nbsp; If you’re dealing with a sensitive divorce that involves a restraining order or domestic abuse, working with an attorney may increase your psychological sense of safety. Furthermore, if your case goes to court, it may help reduce the emotional burden if your lawyer can speak to your former partner on your behalf rather than you dealing with them.

When do you not need to work with a lawyer?

If your case is uncomplicated, <a href="https://www.marble.co/blog/family/divorce/diy-divorce" rel="noopener noreferrer" target="_blank">you may not need to proceed with a divorce lawyer</a>. If you don’t have children or significant assets and are on good terms with your spouse, you may be able to file on your own. Still, you still need to complete and file all necessary documents required to obtain a divorce, as well as attend court hearings, so hiring an attorney can help ensure that you do everything correctly and understand the process and procedures. Additionally, if you have children under 18, if one of you earns significantly more income than the other, if one of you is seeking spousal maintenance or child support, or if the marriage lasted a long time and assets feel almost inextricably bound, you’ll likely benefit from hiring professional representation for all of the reasons listed above.

Choosing the right divorce lawyer is a critical step in the divorce process. By asking the right questions during your initial consultation, you can ensure that you find a lawyer who is experienced, knowledgeable, and compatible with your needs and goals. With the guidance of a skilled divorce lawyer, you can navigate the complexities of divorce with confidence and achieve the best possible outcome for your future.

Many of us believe that the status and health of a marriage are personal and private matters for each couple. However, divorce and dissolution of marriage records are public documents in a large number of states.  This may be an unpleasant reality for many divorcing couples, but they aren’t without recourse. If you have concerns.

Are divorce records public information?

Many of us believe that the status and health of a marriage are personal and private matters for each couple. However, divorce and dissolution of marriage records are public documents in a large number of states.&nbsp; This may be an unpleasant reality for many divorcing couples, but they aren’t without recourse. If you have concerns about whether the public can access any of your divorce records, you can typically take steps to make at least some, if not all, your records private.&nbsp; To answer the question, “Are divorce records public?”, this article explains the laws in different states about accessing records. It also discusses ways you may be able to prevent others from obtaining information about your divorce case.

Making divorce records available to the public is the norm and default in many states. Still, not every state allows access to these records, and sometimes the access is limited.&nbsp; Some states—such as Alaska, Arkansas, Hawaii, Idaho and Oregon—restrict non-party access to divorce records. Some of these states may prohibit public access to divorce information for several decades. Once the time limit expires, the records become public.&nbsp; In many states that do allow public access to divorce records, only certain records may be obtained. For instance, anyone who wants to see a couple’s divorce records in Delaware or New York can see only a copy of the divorce decree or certificate of divorce. Only someone who is a party to the divorce or an attorney who represented a party in the divorce may obtain additional divorce information. Understand as well that multiple courts don’t allow the public to see divorce records regarding:&nbsp;

In addition to these restrictions, some states don’t allow remote public access to divorce information. In these cases, the requester may have to go to the courthouse or agency building to obtain or inspect family law records.&nbsp; If you have questions about what divorce court records are available to the public in your state, contact the clerk in the county court where you divorced or the vital records agency in the state where you ended your marriage.

How easy is it for the public to obtain a divorce record?

Depending on where you reside, the process for obtaining a divorce record may be relatively simple. In many cases, record seekers may access divorce information through one of the following:&nbsp;

A third-party provider for the government

By requesting or filling out paperwork at a courthouse or agency building

Anyone seeking divorce information often has to provide information to obtain a record. This may include any or all of the following:&nbsp;

The name of one or both parties in the divorce

The county where the divorce was finalized

Many courts and agencies require payment to conduct a divorce record search and obtain copies of the documents. However, some state courts allow people to inspect divorce records in person without paying a fee.&nbsp;

When can the public access my divorce records?

Depending on where and how an individual seeks divorce records, the access could be immediate, or it could take several months, years or decades.&nbsp; For example, divorce records in Florida are available approximately 60 days after the marriage is dissolved. If someone needs the record sooner, they might be able to submit a request to the clerk of the court that granted the divorce. And in California, records on a Central Los Angeles divorce from the County Record Center Archives might not be available for up to three years.&nbsp; On the other hand, several states that heavily restrict access to divorce records typically don’t release information until multiple generations have passed. Alaska, Arkansas, Idaho and Oregon seal divorce records for 50 years, and New York restricts access for 100 years.

How can I prevent the public from seeing my divorce records?

Even if your state has liberal rules regarding public access to divorce records, you might be able to deny access to your divorce records. You can do this by filing a motion to seal your records with the appropriate court. With your motion, you might have to include a detailed statement regarding why your records should be sealed. For example, under Florida law, a motion to seal part or all of your records may be granted if you can prove that the information is confidential due to any of the following reasons:

Revealing the information would violate the privacy rights of and substantially injure a party in the divorce

The information contains a trade secret that must be protected

The information could substantially injure an innocent third party if revealed

Revealing the information could prevent obtaining evidence to determine legal issues in a case

Revealing the information could violate state or federal law or public policy

Revealing the information could create an imminent threat to the orderly, impartial and fair administration of justice

Revealing the information could prevent the protection of a compelling government interest

These standards may vary by state. You may have more leeway to justify sealing your records in another jurisdiction.

If you don’t want your divorce records public, you may want to consult legal counsel. During a divorce case, an experienced attorney may prevent unnecessary information that’s embarrassing or sensitive from becoming part of your divorce file. They may also educate you about what divorce information is and isn’t available to the public and then craft convincing arguments to help you seal court records.

Here’s everything you need to know about alimony after 20 years of marriage in California. 


Alimony After 20 Years of Marriage in California: What You Need to Know

The end of a long-term marriage can bring about numerous challenges, including the issue of alimony. In California, alimony after 20 years of marriage carries its own set of considerations and complexities. Keep reading to learn more about the factors involved in determining alimony after a lengthy marriage in California, including relevant laws, court considerations, and practical implications for both spouses.

Alimony, also known as spousal support or maintenance, refers to the financial assistance one spouse may be required to provide to the other following a divorce or legal separation. Its primary purpose is to ensure that both parties can maintain a similar standard of living post-divorce, especially if one spouse earns significantly more than the other. In California, alimony laws are governed by the Family Code, which outlines the factors considered when determining alimony awards.

In California, alimony can be categorized into two primary types: temporary spousal support and long-term (or permanent) spousal support. Each serves a distinct purpose in the process of divorce or legal separation, reflecting the different stages and needs of the parties involved. Temporary Spousal Support: This form of support is designed to provide financial assistance to a spouse during the divorce proceedings, from the time the case is filed until its conclusion. The objective is to help the receiving spouse maintain a stable financial situation and cover living expenses while the divorce is being finalized.&nbsp; Long-term Spousal Support: This type of support is established at the conclusion of the divorce case, typically outlined in the final judgment. Long-term support considers a broad range of factors to ensure a fair and equitable arrangement that reflects the complexities of the marital relationship and its dissolution.

In California, alimony awards are subject to the discretion of the court, and while there are guidelines for calculating alimony amounts, judges are not required to use these or abide by them. Instead, the court considers various factors outlined in the Family Code and makes decisions based on the unique circumstances of each case. Additionally, alimony awards may be adjusted or terminated based on changes in circumstances, such as remarriage, cohabitation, or significant changes in income.

Factors Considered for Alimony After 20 Years of Marriage

When a marriage lasts for 20 years or more, the duration and amount of alimony may be influenced by various factors, including:

Duration of Marriage: The duration of the marriage plays a key role in deciding alimony after 20 years of marriage, with longer marriages leading to extended alimony periods. This is because courts recognize that the financially dependent spouse may have grown more reliant on their partner’s support over the years.

Standard of Living: Courts typically aim to maintain the standard of living established during the marriage, especially in long-term marriages. Alimony may be awarded to ensure that both parties can maintain a similar lifestyle after the divorce.

Income Disparities and Earning Capacity: Significant disparities in income between spouses can influence the amount and duration of alimony. The court considers various factors, including each spouse’s earning capacity, education, skills, and financial needs. The degree to which the supported spouse’s current or future ability to earn is affected by periods of unemployment during the marriage, which allowed them to focus on household responsibilities, is considered as well.

Financial Contributions: The financial contributions of each spouse during the marriage are considered when determining alimony. This includes income, assets, and debts.

Contribution to Partner’s Success: Financial contributions the supported spouse made towards the supporting spouse’s education, training, career advancement, or acquisition of a professional license is considered. This contribution often comes at a cost to the supported spouse’s career trajectory. By considering this factor, the court aims to fairly compensate the supported spouse for their role in enabling the supporting spouse’s professional achievements.

Age and Health: The age and health of each spouse are factors that may influence alimony awards. A spouse who is unable to work due to age or health-related issues may be entitled to long-term or permanent alimony.

Custody Arrangements: If one spouse is awarded primary custody of minor children, alimony considerations may be affected. The court may take into account the custodial parent’s increased financial responsibilities when determining alimony awards.

These considerations ensure that alimony awards are tailored to the unique circumstances of each case, fostering fairness and equity in the transition to life after divorce.

For spouses facing the prospect of alimony after 20 years of marriage in California, there are several practical considerations to keep in mind:

Consultation with Legal Professionals: Seeking guidance from experienced family law attorneys can provide clarity on alimony laws and your rights under California law. Attorneys can assess individual circumstances and provide personalized advice on alimony negotiations or litigation.

Financial Planning: Both the supporting spouse and the supported spouse should engage in financial planning to prepare for potential alimony obligations or adjustments to their financial situation post-divorce. This may involve budgeting, asset division, and investment planning.

Open Communication: Open communication between spouses can facilitate amicable alimony negotiations and agreements. Collaborative approaches to resolving alimony disputes, such as mediation or settlement conferences, may help avoid costly litigation and promote mutually beneficial outcomes.

Alimony after 20 years of marriage in California involves complex legal considerations and practical implications for both spouses. Understanding the factors considered by the court, consulting with legal professionals, and engaging in open communication can help spouses navigate alimony negotiations and achieve fair and equitable outcomes. By being informed and proactive, spouses can effectively address alimony issues and move forward with confidence following the dissolution of a long-term marriage in California.

Learn the differences between marriage separation and divorce and find out which option is right for you.


Legal marriage separation: a guide

Marriage isn’t easy…and neither is divorce. If you’re unhappy yet uncertain about ending your marriage, one option you may wish to consider is marriage separation.&nbsp; Legal separation allows your marriage to remain intact while you and your spouse live separate lives. There are <a href="https://www.marble.co/blog/family/divorce/legal-separation-in-marriage" rel="noopener noreferrer" target="_blank">advantages and disadvantages to legal separation</a>. For example, this space gives some people what they need to confidently decide how to move forward. This article aims to help you better understand marriage separation. It explains the types of separation, how to legally separate, and how legal separation differs from divorce.

Marriage separation is a period where spouses live separate lives while remaining legally married. Often, this takes the form of a trial separation, where spouses set a time limit on deciding whether to reconcile or separate permanently. When a married couple separates, they may do so informally or formally.

An informal separation usually doesn’t involve any written agreement. If it does, the agreement is incomplete, doesn’t address important legal issues or doesn’t have the force of law.&nbsp;

A legal separation is an official agreement short of divorce that separates you from your spouse for legal purposes. Like getting a divorce, getting a legal separation requires you to obtain a court order from a judge setting out the terms of the separation. The order typically addresses childcare, property division and any support obligations either spouse must undertake.&nbsp; Not every state authorizes legal separation. States that don’t have legal separation include:

If you live in one of the listed states, you may be able to create an agreement formalizing your separation from your spouse, but that agreement won’t give you the status of being legally separated. Note that some states set time limits on legal separation. Indiana allows one year, and Hawaii allows two. After that time elapses, you must file for divorce or reconcile with your spouse.

In states that don’t authorize legal separation, you may be able to create a contract dealing with the key issues of separation, such as child custody and visitation, child support, spousal maintenance and property division.

Legal separation is typically not a long process, but there are a few key steps you must take.

Many courts publish documents to help people draft separation agreements. If you don’t need to address too many issues, filling in a template you download from the court’s website may satisfy your needs. Other people work alone with their spouse or hire the help of a <a href="https://www.marble.co/blog/family/divorce/trial-separation-checklist" rel="noopener noreferrer" target="_blank">mediator</a> and/or lawyer to find an agreement on all terms of the separation and put that into writing.

After the agreement is finalized and signed, you file it with your local court. Many, but not all, courts allow electronic filing. You typically pay a filing fee, which currently is often a few hundred dollars.

If you have a legally sound final agreement, the court may decide no hearing is required.&nbsp; However, if you have remaining disagreements or your separation agreement appears to be unfair or is missing important elements, the judge may set a hearing. This may proceed like a trial, where you’re able to call witnesses and present other evidence supporting your side of the case. After you file your final agreement or present your case, the judge issues a separation order setting the rights and responsibilities of each spouse during the separation.

Depending on whether you hire a lawyer, how much work your lawyer needs to put in and how much time you spend in court or mediation, your separation may cost anywhere from a few hundred dollars to tens of thousands of dollars.&nbsp;

The process may take from a few weeks up to several months, depending on relevant state law and your local court’s schedule. Cases where you litigate in court typically take the longest, since you have to work around the court’s schedule.

Some people consider legal separation as a “preview” to divorce. While they have some similarities, legal separation and divorce have different final outcomes.

Only you and your spouse can decide whether to separate. However, having more information about how marriage separation works may make the decision slightly easier.&nbsp; Consulting an attorney may help. They can explain legal separation in detail, discuss your state’s laws, draft and negotiate your agreement and guide you through mediation or litigation.&nbsp;

Want to know if dissolution of marriage is the right option for you? We wrote you a step-by-step guide. 


Dissolution of marriage: A step-by-step guide

Ending a marriage is not known to be easy. However, depending on where you live and your circumstances, you may have an option that’s typically quicker and less expensive than a divorce: dissolution of marriage.&nbsp; This guide will help you better understand what a dissolution of marriage is, its benefits compared to divorce, and how to dissolve a marriage.

In states that differentiate between a dissolution of marriage and a divorce, a dissolution (or summary dissolution) is typically a jointly filed, <a href="https://www.marble.co/blog/family/divorce/uncontested-divorce" rel="noopener noreferrer" target="_blank">uncontested divorce</a> involving spouses who agree on all the major terms of their divorce.&nbsp;

Benefits of a dissolution of marriage vs. divorce

Choosing a dissolution rather than a divorce may mean:

More control over how you and your spouse will share assets and liabilities

More control over how you and your spouse will share parental responsibilities

Less litigation and time in court or negotiations (which often means significantly smaller legal fees)

However, you may also have to waive several rights and options in a dissolution that you wouldn’t have to waive in a standard divorce.

There are several steps to dissolve a marriage, and each state’s options and procedures are different. Below is a general outline. Speak with the court clerk in your area to learn how to properly file your case.&nbsp;

To successfully file and maintain a dissolution case, you and your spouse need to agree on several matters, including:

Each spouse’s <a href="https://www.marble.co/blog/family/child-custody/can-you-get-child-support-if-the-father-isnt-working" rel="noopener noreferrer" target="_blank">child support</a> obligations and rights

Each spouse’s rights and responsibilities regarding <a href="https://www.marble.co/blog/family/child-custody/legal-custody-vs-physical-custody" rel="noopener noreferrer" target="_blank">child custody</a>

Some parties use <a href="https://www.marble.co/blog/family/divorce/trial-separation-checklist" rel="noopener noreferrer" target="_blank">mediation</a> at this stage. They employ a neutral third party to help them talk through these issues and resolve disputes so they can seek a dissolution of marriage. If you can’t agree on all of the above matters, you may have to file for a traditional divorce.&nbsp;

Even if your state has a dissolution process, you can only file for dissolution in the state that has jurisdiction over your case. This usually means you have to prove that you or your spouse has lived in the county for several months and in the state for even longer.&nbsp; For example, filers in California have to live in the county where they plan to file for at least three months and in the state for at least six months before they may proceed with a dissolution case. And in Ohio, spouses seeking a dissolution of marriage must prove they’ve lived in the state for at least six months.&nbsp;

3. Check the requirements for the dissolution process

Some states have strict eligibility requirements for filing for dissolution of marriage. These may include:&nbsp;

Waiving the right to seek spousal support

Having no shared minor children and neither spouse being pregnant

Restrictions on the amount of property a filer may own

Limits on the length of a filer’s marriage

Giving up your right to a trial or appeal in your case

As you can see, simplified dissolution of marriage with a child isn’t possible in every state. And if your state allows you to file for a dissolution that involves minor children, you and your spouse may have to complete a parenting class before you end your marriage.

4. Complete the paperwork to initiate your case

Some states require spouses to complete financial paperwork—disclosing their income, expenses, assets and debts, among other things—before filing for a dissolution of marriage. In addition to submitting these forms to the court, spouses may need to exchange this financial information with each other. In other states, you just submit a petition for dissolution of marriage to the court to start your case. Spouses jointly file this form, which may ask for some or all of the following:

Both spouses’ identification and contact information

Information regarding any attorney representation for either spouse

Health insurance and healthcare information

Information regarding any history of domestic violence

Information regarding any minor children the spouses share

Statements certifying that you’re eligible to file for dissolution

Filing often costs several hundred dollars. For example, in California, the fee may be more than $400, while other jurisdictions such as Alaska may charge less than $300. However, the court might grant you the right to file without paying a fee if your income is below a certain threshold.

5. Draft property, support and custody agreements

When you file for dissolution of marriage, you and your spouse need to work out how you’ll divide assets, debts and parental responsibilities. Terms to consider when creating your agreement may include:

What shares of the marital and separate property each spouse will receive

Whether you and your spouse will sell any property and how you’ll split the proceeds

How you and your spouse will share retirement benefits

What shares of marital and separate debts each spouse will pay

How much spousal support one spouse will pay to another

Which spouse will have physical custody of each minor child

Which spouse will have <a href="https://www.marble.co/blog/family/divorce/trial-separation-checklist" rel="noopener noreferrer" target="_blank">legal custody</a> of each minor child

What <a href="https://www.marble.co/blog/family/child-custody/custody-schedules-by-age" rel="noopener noreferrer" target="_blank">child visitation</a> rights each spouse (and any other party) will have

How much child support one spouse will pay to the other

Which spouse will pay for each child’s health insurance and healthcare needs

How you and your spouse will claim your children on income taxes

Whether either spouse will <a href="https://www.marble.co/blog/family/divorce/how-much-does-it-cost-to-legally-change-your-name" rel="noopener noreferrer" target="_blank">restore their name</a> to their pre-marriage name

6. File your agreement and attend a hearing

Once you have an agreement on all the terms, you put this in writing, sign the agreement, and submit it to the court.&nbsp; Some jurisdictions then require spouses to attend a final hearing. At the hearing, the judge typically checks whether you provided all required paperwork and adequately addressed all necessary issues. If you have, the judge may grant the dissolution.&nbsp; If your jurisdiction doesn’t require you to attend a hearing, you may have to wait for the court to hand down its final judgment. Finalizing a dissolution of marriage could take between about 30 days and six months. Depending on where you live and the circumstances of your case, you might receive a signed judgment dissolving your marriage when you make a court appearance or attend a hearing with your spouse, or you might receive the judgment in the mail.&nbsp;

Even when participating in a simplified divorce process, some spouses find attorney assistance helpful. An attorney may advise on what terms to cover in your property and child custody agreements and help you gather crucial financial information to fulfill disclosure requirements. An attorney may also educate you on the dissolution process to help ease your concerns.