A dissolution of marriage is the termination of the marital relationship between a
husband and wife. A decree of dissolution completely terminates the marital status of
both parties. A legal separation is a court determination of the rights and responsibilities
of a husband and wife arising out of the marital relationship. A decree of legal
separation does not terminate the marital status of the parties. Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
Alabama Code 30-2-1, 30-2-30, 30-2-31.
ALASKA
AS 25.24.180.
ARIZONA
ARS �25-311.
ARKANSAS
Ark. stat. Ann. 9-12-301.
CALIFORNIA
Cal. Fam. Code �2300.
COLORADO
The Colorado statutes regarding dissolution of marriage are found at CRSA 14-10-106.
CONNECTICUT
C.G.S.A �46b-40.
DELAWARE
13 DCA �1505. FLORIDA
FSA �61.052. GEORGIA
GC �19-5-1 and 19-5-15. HAWAII
HRS �580-6 and 580-71 to 580-76. IDAHO
IC �32-601. ILLINOIS
750 ILCS 5/401 and 5/402. INDIANA
AIC �31-1-11.5-2 and 31-1-11.5-3. IOWA
ICA Section 598.1. KANSAS
KSA �60-1601. KENTUCKY
K.R.S. �403.010 and 403.140.
Kentucky law also provides for a limited divorce known as a �divorce from bed
and board.� The court can divide property and order child support and maintenance, but
the parties remain married.
K.R.S. �403.050. LOUISIANA
CC Art. 101.
An action for legal separation was eliminated from Louisiana law for actions
commenced after January 1, 1991. Actions commenced prior to that date could be
converted to a divorce action.
RS 9:381-384. MAINE
19 MRSA �581 and 691. MARYLAND
Maryland law provides for a limited divorce and an absolute divorce. An absolute
divorce results in the termination of the marital relationship. If the court grants a limited
divorce decree, the court can award custody, support, and divide property; however, the
parties remain married.
ACM �7-102, and 7-103. MASSACHUSETTS
ALM 208 �1. MICHIGAN
MCLA �552.12, �552.6, and �552.7. MINNESOTA
Minn. Stat. �518.06. MISSISSIPPI
MC 93-5-27. MISSOURI
VAMS �452.305. MONTANA
MCA 40-4-103, and 40-4-104. NEBRASKA
Reissued Revised Statutes 42-347. NEVADA
NRS 125.130 and 125.190. NEW HAMPSHIRE
RSA 458:7 and 458:26. NEW JERSEY
NJSA 2A:34-2 and 34-3. NEW MEXICO
�40-4-1 and �40-4-3 NMSA. NEW YORK
Domestic Relations Law � 170 and 200. NORTH CAROLINA
GS �50-7 and �50-11. NORTH DAKOTA
NDCC �14-05-02. OHIO
The normal procedure to dissolve a marriage is called a �divorce� in Ohio.
However, Ohio law also provides for the parties to proceed with an action for �dissolution
of marriage,� if both parties sign the Petition for Dissolution and attach their signed
Separation Agreement which provides for a division of all property, child custody, child
support, spousal support, and all other issues arising out of the marriage. At any time
before a final judgment is entered in a divorce action, the spouses may convert the
action for divorce into an action for dissolution of marriage by filing a motion with the
court for conversion of the divorce action. The motion shall contain a Petition for
Dissolution of Marriage which is signed by both parities and which incorporates a signed
Separation Agreement.
ORC 3105.01, 3105.08, and 3105.61-.65. OKLAHOMA
43 Okl.St.Ann. �101, �103, and �122. OREGON
ORS 107.115 and 107.455 - 107.475. PENNSYLVANIA
23 Pa.C.S.A. � 3301, 3306, 3323. RHODE ISLAND
An action for a legal separation in Rhode Island is called a �divorce from bed and
board� which may be granted for any of the causes for which a divorce may be granted.
GLRI 15-5-9. SOUTH CAROLINA
1976 Code �20-3-50. SOUTH DAKOTA
S.D.C.L 25-4-1 and 25-4-17.2. TENNESSEE
TCA �36-4-101, �36-4-102, �36-4-119, and �36-4-120. TEXAS
V.T.C.A., Family Code �3.01-3.07; and �3.90. UTAH
UCA 30-3-1. VERMONT
15 VSA Section 551, 555, and 560. VIRGINIA
CV �20-91 and �20-116. WASHINGTON
RCW �26.09.020 and 26.09.030. WEST VIRGINIA
WV Code �48-2-15 and �48-2-28. WISCONSIN
Wis. Stat. �767.02 WYOMING
W.S. 20-2-104 and 20-2-106. |
