THE AURIT CENTER 
Understanding your options for divorce is the first step to feeling more confident moving forward. Knowing what to expect makes it easier to choose the process that will work best in your unique situation.
This Dissolution vs. Divorce guide will explain the most common ways to end a marriage. We’ll take a closer look at their differences and pros and cons of each. We’ll also explore how mediation can help reduce the stress, cost, and time spent on the divorce process.
Quick Summary
A divorce is a legal process that ends a marriage. A divorce can either be contested or uncontested.
In a contested divorce, spouses disagree on the divorce terms related to custody, parenting time, or how to divide marital property.
When spouses aren’t able to resolve the contested issues, the case can be resolved in court or through mediation. Resolving divorce in court is known as litigation. In litigation, each spouse’s attorney argues their case in front of a judge.
Resolving contested matters in litigation can be slow and expensive.
Spouses can decide their own divorce terms without paying high attorney fees or going to court, even when there is a high level of conflict, by choosing divorce mediation.
If you and your spouse are struggling to find a way to compromise, mediation can help.
In an uncontested divorce, neither spouse claims any wrongdoing or assigns blame. Spouses agree on all of the details related to their divorce. Since they agree on everything, there’s no need to involve a judge or go to court. This is normally a much simpler, faster process than a contested divorce.
In an uncontested divorce, mediators help spouses understand their options and reach creative agreements that both spouses find acceptable.
| If you want to learn more about the differences between uncontested and contested divorce, check out Contested vs. Uncontested Divorce: How to Choose the Right Path. |
A dissolution of marriage is a legal process where spouses end their marriage in a collaborative way. Both spouses agree that the marriage is beyond reconciliation.
In almost every state in the US, a dissolution of marriage is the same as a divorce.
But, that’s not the case in all states.
In Ohio and Alaska, a dissolution of marriage refers to an uncontested, collaborative divorce. In these states, “divorce” is only used to describe a contested, fault-based divorce.
Mediation can help in any case — even when a divorce is contested or conflict is high.
| Pro tip: Be sure to check out the uncontested divorce laws in your state to learn about waiting periods and other requirements in your state. |
Quick recap:
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In a state that does distinguish between dissolution and divorce, a dissolution (what would be called an uncontested divorce in most other states) is always preferable. Since the spouses are in agreement about the terms, a dissolution is usually the least disruptive option.
Aurit Center Certified Mediators help spouses complete their divorce process through guided, balanced discussion. They offer free complimentary consultations to answer all of your questions. Your mediator will make sure you both understand the legal requirements in your state.
A dissolution can be quick, amicable, and collaborative.
In states that distinguish dissolution from divorce, dissolutions sometimes aren’t suitable for high conflict separations because:
The benefits of divorce mediaiton include:
The divorce litigation process can include:
The steps for beginning the divorce or dissolution process are generally the same.
One spouse — known as the petitioner or plaintiff — initiates the process by filing a petition for divorce or a petition for dissolution of marriage.
Then the plaintiff serves their spouse with the petition to give them a chance to respond.
After a series of legal steps, court hearings, and paperwork, a judge approves the petition to make it official. The final divorce decree or certificate of dissolution terminates the marriage and outlines the settlement terms.
Divorce mediation is a collaborative process where spouses work with a trained, professional mediator. The mediator keeps the conversation on track and helps spouses reach agreements privately, without going to court.
No matter what level of conflict that exists, mediation can help. With an Aurit Center Certified Mediator, spouses can resolve their disputes and find the best solutions for their families.
In mediation, spouses are able to complete the same legal documents and forms required by state law. But, they don’t have to pay an attorney or deal with the trauma and stress of a courtroom.
The key difference between mediation and litigation is the approach.
In litigation, a divorce trial tends to escalate arguments over child custody, parenting time, the division of marital assets, and payment of debts. In the litigation process, attorneys focus on getting the most for their client, even if it involves making contentious personal attacks against the other spouse.
However, mediation can help you to sidestep conflict in a non-judgmental, confidential setting. You can discuss all of the necessary topics and work toward a mutually beneficial separation agreement.
Without the expensive attorney fees and lengthy court proceedings that come with litigation, mediation is more affordable and takes much less time than the traditional litigation process.
Ultimately, in mediation, you’ll achieve a more harmonious outcome without spending all your savings.
Our experienced Aurit Center Certified Mediators can answer any questions you have about the process. We’ve helped thousands of people complete their entire process without setting foot in a courtroom.
A healthy divorce is possible.
Schedule a free 1-hour consultation today to learn how we can help you navigate the process with as little stress as possible.
