Dissolution of marriage is the legal term for divorce, which is the process of terminating a marriage or marital union. It usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple.
A divorce sometimes requires a showing of fault, such as adultery or cruelty, depending on the jurisdiction and specific circumstances. However, many jurisdictions now offer no-fault divorces, where a marriage can be ended without proving any misconduct.
What Is a Marital Dissolution Agreement?
A marriage dissolution agreement, also known as a divorce settlement agreement or property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody. Typically, a marital dissolution agreement is drawn up in accordance with the law of the state in which you are located. A petition for dissolution of marriage is generally filed along with the marital dissolution agreement to request the court to end the marriage formally.
What Should a Dissolution Agreement Cover?
A comprehensive dissolution agreement should cover all aspects of the end of a couple’s marital relationship. This generally includes the division of financial assets, child custody, visitation arrangements, and provisions for child support.
Division of Financial Assets
The division of financial assets involves splitting up all property acquired during the marriage and, in some cases, property owned before the marriage. This process varies from state to state, as some follow community property laws (where all assets acquired during the marriage are considered owned by both spouses equally), and others follow equitable distribution laws (where assets are divided in a way the court determines to be fair, which may not necessarily mean equally).
Example: A couple owns a house, two cars, and a joint savings account. They also have credit card debt. In a community property state, each spouse would generally receive half of the value of each asset and be responsible for half of the debt. In an equitable distribution state, the court might award one spouse the house and the other the savings account and cars while splitting the debt based on who has the greater earning capacity.
Child Custody and Visitation
Child custody and visitation arrangements detail who the child will live with, how much time the child will spend with each parent, and who will make important decisions for the child.
Example: One parent might be awarded primary physical custody, meaning the child lives with them most of the time, while the other parent receives visitation rights, such as every other weekend and one night during the week. Alternatively, parents might share joint custody, with the child spending an equal amount of time with each parent. Legal custody, involving decision-making power over the child’s health, education, and welfare, can also be joint or sole.
Child Support
Child support is a financial payment from one parent to another to support the child’s needs. The amount of child support is typically determined based on each parent’s income, the number of children, and the time the child spends with each parent.
Example: According to state guidelines, a court could order a non-custodial parent earning $50,000 per year to pay $1,000 per month in child support for one child. The order might also specify that the payments continue until the child turns 18 or graduates from high school, whichever occurs later. If the custodial parent’s income significantly increases or decreases, or if the child’s needs change, the amount of child support can be adjusted by modifying the court order.
When Will the Dissolution Agreement Take Effect?
The dissolution agreement takes effect as soon as it is signed by both parties and approved by the court. The judge will review the agreement to ensure it is fair to both parties and, importantly, that it is in the best interest of any children involved. Once the judge signs the decree of dissolution of marriage, the divorce is finalized, and the agreement takes effect.
Fairness to Both Parties
The judge will carefully review the agreement to ensure neither party is being taken advantage of. They look for an equitable distribution of assets and liabilities, considering each party’s income, age, health, and earning capacity. If it appears that one party has been coerced or tricked into signing the agreement, or if the terms significantly favor one party over the other without justifiable cause, the judge may refuse to approve it.
Best Interest of the Children
In matters of child custody, visitation, and support, the judge’s primary concern is the best interest of the child or children involved. Factors that influence this decision can include the child’s age, the physical and mental health of both parents, the child’s relationship with each parent, each parent’s ability to provide a stable environment, and the child’s wishes (if they are old enough).
The judge will also compare the amount of child support agreed upon with the state’s child support guidelines. The judge may not approve the agreement if the amount deviates significantly without a good reason.
Future Financial Security
Another important factor that a judge considers when reviewing a marital dissolution agreement is the future financial security of both parties. This is especially critical in cases where one spouse has been out of the workforce for a significant period or where the spouses have a large disparity in income or earning potential between the spouses.
Under this consideration, the judge will look at factors like:
- Retirement savings and pensions: The judge will ensure that these long-term savings are divided in a way that supports the financial stability of both parties in their later years.
- Health insurance: If one spouse has been dependent on the other for health insurance, the judge will consider how this need will be addressed post-divorce.
- Alimony or spousal support: If one spouse may face financial hardship without the income of the other, the judge will consider whether alimony payments are appropriate and, if so, the amount and duration of such payments.
The overarching goal of considering these factors is to ensure that the dissolution of the marriage doesn’t lead to severe financial hardship for either party, keeping the distribution of assets, debts, and ongoing financial obligations as fair and equitable as possible.
When the Judge May Not Sign the Agreement
A judge might refuse to sign a dissolution agreement if it is grossly unfair to one party, if it appears one party didn’t understand what they were signing or was coerced into signing, or if it fails to protect the best interests of the child or children adequately.
The judge will likely explain the decision if the agreement is not approved. The parties may then renegotiate those terms and submit a revised agreement for the judge’s approval. In some cases, if the parties cannot agree, the disputed issues may need to be decided at trial.
Do I Need a Lawyer for Help With a Dissolution Agreement?
Navigating the complexities of a dissolution agreement can be challenging. While you can draft an agreement on your own, having a legal professional review it is highly recommended to ensure your rights and interests are fully protected. Mistakes can be costly and cause prolonged disputes or legal complications.
You can easily find a highly skilled divorce attorney to help with your dissolution agreement through LegalMatch. LegalMatch is an online legal matching service that connects you with experienced divorce attorneys in your area. Just provide some details about your case, and LegalMatch will match you with an attorney with the right skills and experience for your needs. Protect your rights and secure your future – get started with LegalMatch today.
