Dayton Divorce and Collaborative Attorneys

Providing legal help during difficult times
Divorce, under the best of circumstances, is difficult and highly emotional. The law firm of Fox & Associates Co., L.P.A. in Dayton, Ohio understands and provides excellent legal advice during difficult times.

Ohio has two types of divorce: no fault and at fault.

No fault divorce in Ohio requires a non-interrupted one-year separation and/or an uncontested claim of incompatibility.

At fault divorce in Ohio is more complex and applies under several circumstances, including:

• Bigamy
• Willful absence for one year
• Adultery
• Extreme cruelty
• Gross neglect of duty
• Habitual drunkenness
• Imprisonment in penal institution

Property and Debt Division in Ohio is Fair Rather than Equal
Ohio is an equitable distribution state, which means fair, rather than equal. Your Dayton divorce lawyers and the court encourage you to negotiate a fair property and debt settlement with your partner. If you cannot, the judge decides. Generally, few people whose lives are decided by a judge are happy with the results.

• Determining factors for Ohio fair property and debt distribution may include:
• Duration of marriage
• Assets and liabilities of each party
• Desirability to award family home to custodial parent (if children involved)
• Liquidity of assets
• Tax consequences
• Assets liquidation costs
• Any other factor deemed relevant

Spousal Support in Ohio is Not Automatic
Spousal Support is money paid by one spouse to the other to provide full or partial financial support. In Ohio, spousal support is determined on a case-by-case basis. Factors considered include—

• Income and earning ability of the parties
• Ages, physical health, capabilities and disabilities of the parties
• Duration of marriage
• Dependent children and existing caretaking responsibilities of each parent
• Standard of living during marriage
• Tax consequences

Ohio Child Custody and Support is in the Best Interest of the Child
If a child custody agreement is unattainable between the parties, a judge decides. Factors in custody decisions include:

• Wishes of each parent
• Wishes of the child
• Child’s relationship with each parent, siblings, and other significant persons
• Mental and physical health of each parent
• History of failed parental responsibility
• History of parental child abuse or neglect
• Primary caretaker of children
• Domestic Violence
• Education levels of parties
• Type of schools available to the children

Child support is determined by the court using guidelines that consider the incomes of both parents and dividing it proportionally relative to the financial needs of the minor children involved.

Contact an experienced Dayton divorce attorney for a consultation

Regardless of your divorce circumstances, obtaining an experienced Dayton divorce lawyer is vital to protect your rights. Contact us at 937-684-9362 today to discuss your divorce issues.