Dayton Divorce Lawyers
Steps to filing a divorce
Our Dayton divorce lawyers and paralegals at Fox & Associates Co., L.P.A. assist clients with filing for divorce. The process can be simple or complex, depending on whether the couple is able to settle issues outside of court or must take their case to trial.
Ohio residency requirements
The Ohio residency requirements for the spouse filing a divorce petition are six months residency in Ohio and 90 days residency in the county where filing.
How a Dayton divorce lawyer can help settle issues without going to trial
Most couples divorcing today are able to settle issues without going to trial. If both spouses agree on all the issues regarding the termination of their marriage, they may file for a dissolution, which involves:
- A jointly filed petition signed by both spouses
- A separation agreement that addresses:
- Child custody
- Child support
- Spousal support
- Property division
- A parenting plan
- A court appearance where both spouses testify that they seek a dissolution, signed the agreements voluntarily, and feel the agreements satisfy their needs
While some spouses agree on all issues before meeting with their lawyers, more commonly there are one or more issues in dispute that must be resolved. A Dayton divorce lawyer can discuss approaches to resolving conflicts and offer solutions such as mediation or negotiated settlements.
When couples cannot agree on divorce terms despite out-of-court efforts (i.e., no agreement on divorce grounds or no separation agreement) the couple must address the disputed issues in court.
Divorce litigation adds steps to the process, which generally follows this sequence:
- One spouse (plaintiff) files a divorce petition (complaint)
- The other spouse (defendant) is served with the complaint
- Defendant responds and files any counterclaims
- Plaintiff responds to any counterclaims
- The court issues temporary orders for child support, custody, visitation, spousal support
- Depositions and/or Interrogatories are occasionally done to provide the court and attorneys with information
- Property appraisals can be done
- A pre-trial proceeding is held to see if the couple can reach an agreement
- Financial consultants, accountants and other professionals may be consulted/hired
- Final hearing takes place where the court renders its decision
Discuss divorce with a knowledgeable divorce lawyer in Dayton
Our attorneys can answer all your questions, discuss divorce options, and help you approach divorce in a way that protects your interests. Contact Fox & Associates Co., L.P.A. online or call 937-258-3668 today to arrange a consultation. For your convenience, we have locations in Dayton and Huber Heights.