When a marriage is ending, the legal terms can be confusing and intimidating. You hear "divorce" and "dissolution" used, but it’s not always clear what they mean or which path is right for you. Understanding the fundamental difference is the first step toward taking control of the process and choosing a path that minimizes conflict and cost.

Think of the difference this way:

• A Divorce is when you ask a judge to solve your disagreements for you.

• A Dissolution is when you and your spouse have already solved your disagreements, and you present your solution to the judge for approval.

Let's break that down further:

Divorce

A divorce is technically a lawsuit. One spouse (the Plaintiff) files a legal complaint against the other (the Defendant). While most divorce cases settle before a final trial, the process operates under the assumption that if you cannot agree, a judge will intervene and make the final decisions about your property, your debts, and your children. Grounds for the divorce, such as incompatibility or adultery, must be stated.

Dissolution

A dissolution is a non-adversarial process. There is no Plaintiff or Defendant. Instead, you and your spouse file a joint petition with the court, stating that you both agree to end the marriage. Crucially, you must attach a fully executed Separation Agreement that resolves all of your issues—from the division of your assets to your parenting plan. A judge’s role is simply to review your agreement to ensure it is fair and legally sound, then approve it and issue a final decree.

The primary benefit of a dissolution is control. You and your spouse—not a court—make the decisions about your future. This path is often faster, more private, and significantly less expensive than a contested divorce. However, it requires a commitment from both parties to negotiate in good faith and reach a complete agreement.

Understanding your options is the first step toward a more peaceful resolution. To learn the specific strategies for settling your case out of court, download our free guide: The Path to Peace: A Guide to Settling Your High-Asset Divorce Out of Court.