Attorney James Pearl, Jr. serves clients in all of the following areas: Cuyahoga County, Summit County, Portage County, Medina County and Geauga
County, including the communities of Akron, Cleveland, Kent, Ravenna, Aurora, Bainbridge, Bath, Beachwood, Brimfield, Chagrin Falls, Chesterland,
Clinton, Copley, Cuyahoga Falls, Fairlawn, Franklin, Green, Hudson, Hunting Valley, Kirtland, Lyndhurst, Macedonia, Mantua, Mayfield, Medina,
Moreland Hills, Munroe Falls, New Franklin, Northfield, Northfield Center, Northfield Village, Norton, Orange, Pepper Pike, Richfield, Sagamore Hills,
Shaker Heights, Silver Lake, Solon, Springfield, Stow, Streetsboro, Tallmadge, Twinsburg, Twinsburg Township, Wadsworth, Waite Hill, and Walton
Hills.
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Northfield Northfield Northfield Northfield Northfield Northfield Northfield Northfield Northfield Northfield Northfield Northfield Northfield Northfield Northfield Northfield Northfield Northfield
Macedonia Macedonia Macedonia Macedonia Macedonia Macedonia Macedonia Macedonia Macedonia Macedonia Macedonia Macedonia Macedonia Macedonia Macedonia Macedonia Macedonia Macedonia
Sagamore Hills Sagamore Hills Sagamore Hills Sagamore Hills Sagamore Hills Sagamore Hills Sagamore Hills Sagamore Hills Sagamore Hills Sagamore Hills Sagamore Hills Sagamore Hills Sagamore Hills
Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson Hudson
Brecskville Brecskville Brecskville Brecskville Brecskville Brecskville Brecskville Brecskville Brecskville Brecskville Brecskville Brecskville Brecskville Brecskville Brecskville Brecskville Brecskville Brecskville
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Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland Cleveland
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Divorce and Dissolution: What's the Difference?
Q.: In what ways can a marriage be ended?
A.: Marriages may be legally ended in one of two ways--divorce or dissolution of marriage. In order to obtain a divorce, one party must allege that his or her spouse has been at fault under one of the statutory grounds. The only true "no fault" grounds for divorce permitted by Ohio is "living separate and apart for one year without interruption and without cohabitation" and incompatibility not denied by either party.
Q.: What are "fault grounds?"
A.: Fault grounds are legally "acceptable" reasons why one spouse decides to bring the other to court to ask for a divorce. These fault grounds, by law, include adultery, willful absence for more than one year, extreme cruelty, habitual drunkenness, gross neglect of duty, fraudulent contract, imprisonment in a state or federal penal institution, and procuring a divorce outside this state if the Ohio spouse is still bound to the marriage. A divorce cannot be granted, however, unless the testimony of the complaining party is supported by a witness.
Q.: What is a dissolution of marriage, and how is it different from a divorce?
A.: A dissolution of marriage process may eliminate much of the divorce process and expense. Unlike a divorce, fault grounds are not at issue. Dissolution is often thought of as no-fault divorce. A dissolution petition is not filed with the court until the parties have reached an agreement on all the issues that must be addressed in a divorce matter. Designation of a residential parent, parental rights, visitation, child support, spousal support, division of property, payment of debts, and payment of attorney fees must be considered in either case. While the parties are negotiating, there is no subpoena power available, so the parties must voluntarily trade information. Professionals can, however, be hired to evaluate property, etc. When an agreement is reached and filed with the court, a hearing must take place within 30 to 90 days. Both parties must appear and testify that they are satisfied with the agreement; that they have made full disclosure of all assets and liabilities; that they have voluntarily signed the agreement; and that they both want the marriage dissolved. The court must also approve the parties' agreement. Because there is no court involvement until an agreement is reached, all the temporary orders and possible hearings that might occur in a divorce case are avoided. The end result of both a divorce and a dissolution of marriage is the same: the marriage is terminated.
If you or a loved one is contemplating the termination of marriage, contact the Pearl Law Office for a consultation with James R. Pearl, Jr.
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"Common sense often
makes good law."
-William Orville Douglas
Serving Northeast Ohio Since 1996.
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