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Dayton Divorce Attorney

The Representation You Need. The Service You Deserve.

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

Discuss your divorce issues with an experienced Dayton divorce lawyer at our firm. Call us at (937) 204-1555 or contact us online today.

Types of Divorce in Ohio

When ending a marriage in Ohio, there are three different types. You have the option of an uncontested divorce, or dissolution, or a contested divorce.

What is Uncontested Divorce?

In an uncontested divorce, the two parties must have signed a marital agreement before starting the divorce process, where they agree on any possible issue. This type of divorce does not require a determination of fault and proceedings quickly conclude.

What is Contested Divorce?

In a contested divorce in Ohio, the parties would choose between no-fault and at fault. No-fault divorce in Ohio requires a non-interrupted one-year separation and/or an uncontested claim of incompatibility. In contrast, at-fault divorce in Ohio is more complex and applies under several circumstances.

Grounds for fault in an Ohio divorce include:

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

How Are Marital Assets Divided in a Divorce in Ohio?

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 the following, and more:

  • Liquidity of assets
  • Tax consequences
  • Duration of marriage
  • Asset liquidation costs
  • Assets and liabilities of each party
  • Desirability to award the family home to the custodial parent (if children involved)

How Is Spousal Support Calculated in Ohio?

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:

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

Ohio Child Custody & Support

If a child custody agreement is unattainable between the parties, a judge decides.

Factors in custody decisions include:

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

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.

What Not To Do During a Divorce

For best results with your divorce, there are many things that you should avoid doing, including:

  • Post divorce information on social media platforms
  • Treat your spouse poorly, especially over text or voicemail
  • Lie or withhold information from your attorney
  • Involve a new significant other in your children's lives
  • Make purchases in your spouse's name
  • Withhold your children's time with their other parent
  • Allow yourself to become angry with your spouse, causing potential issues

Contact an Experienced Dayton Divorce Lawyer for a Consultation

Regardless of your divorce circumstances, obtaining an experienced divorce lawyer in Dayton is vital to protect your rights. We serve individuals across Fairborn, Riverside, Alpha, and the surrounding areas.

Contact us online or call us at (937) 204-1555 to discuss your divorce issues.

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  • “I have had a wonderful working relationship with Fox and Associates.”

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Our Values

Why You Should Hire Us
  • More than 70 years of combined legal experience.

  • We develop effective legal strategies and provide innovative options.

  • We have a successful track record in handling cases just like yours.

  • We listen and create tailored solutions to meet your needs.