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Parents often resolve marriages through the dissolution process rather than by filing a complaint for divorce. In order to obtain a dissolution, both parents must agree on all issues. Once the paperwork is completed, a $100.00 filing fee and a brief hearing are required prior to ending a marriage. When parties have few assets, a short marriage, and no children, this manner of ending a marriage can be much simpler and less expensive than the divorce process. However, when parents have children, pension rights, savings, or substantial property, parents who end their marriages in dissolution without first seeking legal assistance often later regret the results of this important decision. One possible consequence is that an attorney must be hired to resolve unforeseen problems which arise because the terms of the dissolution agreement do not clearly set forth visitation rights and parents are unable to agree.
The dissolution form offers parents the choice of agreeing to specific visitation rights or choosing an option which states "We do not want to state specific visitation times here. We agree that we will be able to amicably decide in the future on reasonable visitation times." This arrangement may work while parents remain on good terms, but future events may occur that the parties did not foresee, resulting in problems that the agreement does not address. For example, one parent may move away from Anchorage. Likewise, parents may become uncomfortable speaking with one another as they drift apart and begin new relationships. As children grow older, their needs may change. Parents may have difficulty addressing these changes with one another. A breakdown in communication may make it impossible for parents to agree on reasonable visitation times.
If you are considering filing a dissolution agreement, perhaps the best approach is to meet with an attorney prior to signing the forms. An attorney will be able identify and discuss potential problems with your proposed agreement, and suggest alternative language to be inserted in the agreement which may avoid future disputes. A lawyer can also give advise regarding the property division portion of the agreement, and can explain the advantages of litigation, which include the ability to ask your spouse to answer important questions under oath and produce documents concerning property, income, and custody matters. The ability to collect this information can assist a parent in deciding whether a settlement proposal is fair. Without this knowledge, it is possible that one spouse can conceal marital assets in order to gain a settlement advantage.
Many attorneys will consult with potential clients for a nominal fee to answer questions about divorce and dissolution, and define the services they offer.
Steven Pradell is an Anchorage attorney with a practice emphasizing family law, including divorce, dissolution, custody, child support and adoption. © 1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.
The lawyers at Pradell and Associates can provide legal advice regarding your legal claims, or address legal questions about personal injury, family law, wills and probate issues. Attorneys can normally see new clients soon after your call to the office, conveniently located within walking distance of the state and federal court buildings. A helpful staff provides prompt, courteous service. Give Pradell and Associates a call, at (907) 279-4529.