Common Questions About Divorce

Well, you did it. You found your way into a divorce attorney's office. Undoubtedly you will have many questions that only an experienced divorce attorney can answer. You may have questions that you already know the answers to but need verification. Having practiced for over 21 years, I will discuss the most common questions or issues.


What's the difference between a #divorce and #dissolution? These are the two most common ways of terminating your marriage. I often explain that marriage itself is a legal contract and partnership between spouses which requires an official and legal method of entering into -getting a marriage license and having an authorized official legally marrying the individuals- and ultimately, an official and legal method of terminating the relationship.


A #dissolution of marriage is the voluntary and agreed upon ending of the marriage. Like any partnership (business or marriage) if the partners no longer want the partnership, they discuss and agree upon terms on how to close up shop. Closing up shop in a marriage requires you and your spouse to enter into a #Separation Agreement which is the legal contract dividing your property, assets, debts and discusses how each of you will support one another and children of the marriage. Spousal Support (alimony) and child support are discussed elsewhere on this blog. Your attorney should negotiate and draft a separation agreement which fits your needs and divorce goals. Once a final Separation Agreement has been negotiated and agreed upon, it is then filed as part of a Petition for Dissolution of Marriage. You will then have a final dissolution hearing within 30-90 days after your petition is filed. #alimony #spousalsupport #childsupport #Separationagreement #divorcegoals


A #divorce is more complicated. Unlike a dissolution of marriage, a divorce is filed because the parties are likely arguing and cannot come to an agreement to terminate their marriage. Filing a complaint for divorce is similar to filing other lawsuits and requires parties to seek formal discovery (the exchange of documents and information) and requires the Court to make decisions regarding division of property, assets, debts and support. A divorce case can take between 12-18 months to conclude, however can be concluded sooner if the parties come to an agreement. Most divorce matters actually do come to resolution after the exchange of discovery and negotiations take place. Very few are actually tried before a judge. Because of the lengthier process, a divorce typically costs more than a dissolution of marriage.


For more information, all 440.930.4001 and ask for Attorney Anthony R. Pecora or email him at apecora@omdplaw.com

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