Divorce Lawyer in Dayton, Ohio
Going through a divorce can be one of the most emotionally challenging experiences in a person's life. Whether you’re the one initiating the divorce or responding to your spouse’s decision, it’s essential to understand your legal rights and obligations.
In Ohio, the divorce process involves a series of steps that require careful consideration and legal guidance. Having experienced Dayton divorce attorney by your side can make a significant difference in how your case progresses and how the final outcomes unfold. Staton Fisher & Conboy LLC is here to help you understand your rights and responsibilities.
Our firm provides comprehensive legal support for clients going through divorce cases in Dayton, Ohio, focusing on providing clear, honest advice and practical solutions to address your unique situation. If you’re facing divorce, it’s important to have a trusted legal professional who can guide you through each phase of the process.
The Divorce Process in Ohio
Ohio law allows for two types of divorce: contested and uncontested. In a contested divorce, spouses disagree on one or more significant issues, such as asset division, child custody, or spousal support.
An uncontested divorce, on the other hand, occurs when both parties reach an agreement on these matters without the need for litigation. Regardless of whether the divorce is contested or uncontested, the process begins with filing the necessary paperwork in the county court where either spouse resides.
The court then issues a summons, notifying the other spouse of the divorce proceedings. From there, both parties may engage in negotiations, attend hearings, and, if necessary, participate in trial proceedings to settle any unresolved matters.
An experienced Dayton divorce attorney can help clarify what needs to be done at every stage of the process, checking that you understand your legal rights and obligations. We can also help you figure out what strategy will work best for your unique situation including how your property will be divided.
Property Division in Ohio Divorce
In Ohio, property division in a divorce is based on the principle of equitable distribution. This means that the court will divide marital property fairly, but not necessarily equally. Marital property includes assets and debts acquired during the marriage, including:
Real estate
Vehicles
Savings
Retirement accounts
Other property
The court considers various factors when determining how to divide property, such as:
The length of the marriage
The assets and liabilities of each spouse
The contributions each spouse made to the marriage
Dividing assets and debts can become one of the most contentious aspects of a divorce. With skilled legal guidance, spouses can work toward an equitable resolution that is in their best interests. This may involve negotiation, mediation, or, when necessary, litigation to provide a fair distribution of marital property.
Child Custody and Support in Ohio
When children are involved in a divorce, the issue of child custody can often lead to disputes. Ohio courts prioritize the best interests of the child when making custody determinations. Parents may agree on a custody arrangement, or the court may need to intervene if the parents can't reach a mutual decision.
In Ohio, there are two primary types of custody: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child's upbringing, such as:
Education
Healthcare
Religion
Physical custody pertains to where the child lives most of the time. Ohio law encourages shared parenting, meaning that both parents are typically involved in making decisions about the child’s welfare.
However, in cases where shared parenting isn't feasible or in the child’s best interests, the court may award sole custody to one parent.
Child support is another critical issue in divorce cases involving children. The non-custodial parent typically pays child support to the custodial parent, based on the income of both parents and the needs of the child.
Ohio has specific guidelines for calculating child support, and an experienced Dayton divorce attorney can help make sure that these guidelines are correctly applied. Many people tend to confuse alimony and child support, so understanding how each might affect your divorce case is crucial.
Spousal Support (Alimony) in Ohio Divorce
Spousal support, also known as alimony, may be awarded to one spouse following a divorce to help maintain their standard of living after the marriage ends.
Unlike child support, spousal support isn't automatically granted and depends on various factors, including the length of the marriage, the financial condition of both spouses, the earning capacity of each spouse, and the standard of living during the marriage.
In Ohio, spousal support can be temporary or permanent, depending on the circumstances. Temporary support is awarded during the divorce process, while permanent support may be granted if the court determines that one spouse requires financial assistance post-divorce.
The court will consider various factors to make a fair determination of spousal support, and an attorney can help see that the court takes all relevant information into account. Mediation is one way to tackle these issues.
Divorce Mediation in Ohio
Divorce mediation is an alternative dispute resolution process in which a neutral third party helps spouses reach agreements on contested issues, such as property division, child custody, and spousal support. Mediation can be an effective way to resolve disputes in a more collaborative and cost-effective manner than traditional litigation.
In Ohio, mediation is often used in divorce cases to help parties resolve conflicts without the need for a trial. If both parties are willing to negotiate and work together, mediation may help reduce the emotional strain of divorce while providing a solution that works for both parties.
If you’re interested in exploring mediation, a skilled Dayton divorce attorney from our firm can assist you in understanding the process and determining if it’s right for your case. Mediation is often the go-to solution for those facing an uncontested divorce.
Uncontested Divorce in Ohio
An uncontested divorce is one in which both parties agree on all terms of the divorce, including property division, child custody, child support, and spousal support. In Ohio, an uncontested divorce can be finalized more quickly and with less expense than a contested divorce.
The process typically involves the filing of a joint petition, along with a settlement agreement that outlines the terms both parties have agreed upon. Even in an uncontested divorce, having an attorney review the agreement and provide legal guidance can be valuable.
It’s essential that both parties understand their rights and obligations before finalizing the divorce. An attorney can make sure that the terms of the divorce are fair and that both parties are fully informed. If it doesn’t look like this path will work for your situation, having an attorney on board for a contested divorce is essential.
Contested Divorce in Ohio
In a contested divorce, spouses can't agree on one or more aspects of the divorce, such as:
Property division
Child custody
Spousal support
When this happens, the case may proceed to trial, where a judge will make decisions on the contested issues.
Contested divorces can be stressful and time-consuming. Throughout this process, having an attorney who understands Ohio family law can help protect your interests. A Dayton divorce attorney can assist in gathering evidence, presenting your case, and advocating on your behalf in court.
If you’re facing a contested divorce, it’s crucial to have skilled Dayton divorce attorney to guide you through the litigation process. Our firm has the experience and knowledge to guide you through your divorce