Stuck between a divorce and a dissolution

On Behalf of | Oct 16, 2019 | Divorce |

You are ready to part ways with your spouse. But after a long marriage, it’s hard to know how to proceed. With children, property and investments on the table, it’ll be no small undertaking.

You’re not alone in seeking an end to your marriage, with at least a third of couples getting divorced. Two ways to achieve your division in Dublin are through dissolution or divorce. There are advantages and disadvantages to both, and a sense of what they entail will help you decide which option could suit your situation the best.

Dissolution

A dissolution of marriage can move swiftly and allow you to craft a plan, depending on the level of cooperation you and your spouse can manage. There are a few key areas where you will likely need to see eye-to-eye for a successful agreement:

  • Agreement: A dissolution is usually only an option if you and your spouse both agree to the process. If one of you declines a dissolution, you may have to move to divorce proceedings.
  • Assets: You and your spouse will have to prepare a solution regarding the division of your assets. You may need to address complex holdings like properties, bank accounts and retirement funds.
  • Custody: You’ll need to determine parental rights, physical and legal custody, child support, visitation, and anything else required in a parenting plan.

Divorce

Divorce can stem from a failure to agree, or when special circumstances are present. Unlike a dissolution, a divorce gives the court the power to make rulings and deliver protections in certain cases:

  • Harm: A court can order a stop to physical and verbal harassment. It can also take further steps in restraint or additional distribution of assets if there are reports of abuse.
  • Discovery: You and your partner have the right to find out exactly what assets you share as a couple, and it will need to come to light at trial. The court can then assign value and divide real estate, pensions, accounts and more.
  • Solutions: The court can look at the resources available to you and your partner and determine any short-term measures you may need in place. They can decide who will take care of the children, offer spousal support or cover attorney fees as the trial unfolds.

Understanding the difference between a dissolution and a divorce can help you decide which avenue to take. While there might not be a wrong answer, there could be a better answer for your situation.