Dayton Divorce Lawyer

Getting a Dayton Divorce Lawyer is important because deciding whether to obtain a divorce or dissolution is an extremely difficult decision by itself without worrying about the legal aspects of the process. Learning about the process of a divorce, and the issues involved, will help to make that decision a little easier. Should you decide to obtain a divorce, it is important to immediately find an experienced divorce lawyer in Dayton Ohio to assist you. A divorce lawyer can help you prepare for what may be the most intense legal and emotional experience of your life. The length of the divorce process can vary greatly depending on the complexity and contentiousness of the case. Dayton divorce lawyer Jeremiah Denslow strives to resolve divorce cases as quickly and economically as possible. Not only will he handle your divorce case in Dayton and Montgomery County, he handles Xenia and Greene County divorces, Lebanon and Warren County divorces, Springfield and Clark County divorces, and Hamilton and Butler County divorces as well.

Divorce Basics

A divorce is the way the majority of couples terminate their marriage contract. Legally, a divorce will divide a couple’s assets and debts, provide for care and custody of children, and give each party the legal right to marry someone else. There are four primary issues that must be decided before a divorce is granted: (1) Property Division; (2) Spousal Support or Alimony; (3) Child Custody and Visitation; and (4) Child Support. If a couple can agree on all of these things, then they will typically obtain a dissolution or non-contested divorce. However, if the couple cannot agree, they will go through a contested divorce. Either way, an experienced divorce and family law attorney can help you understand your legal rights and interests.

Divorce and Division of Property

Ohio divorce law requires a couple’s assets to be divided equitably, although not necessarily equally. The court will divide the couple's assets in a way it deems fair given the particular circumstances of the case.

Marital Property

Generally, the divorce court will start by classifying property as marital or separate property. Marital property is all of the property which has been purchased or accumulated by the husband or wife during the course of the marriage. However, there are some exceptions to this general rule. For example, gifts and inheritances, even if acquired during the marriage, are not marital property.

Separate Property

All property which is not marital property is separate property. Separate property includes the property each spouse had before the marriage or acquired during the marriage by gift or inheritance. The domestic relations court will typically only divide what it decides is marital property, although in rare circumstances, the court will divide separate property as well.

Divorce and Division of Property

There are several factors the family law courts use to determine how to arrive at an equitable distribution of the property. It will evaluate each spouse's monetary and non-monetary contributions to the marriage. Courts will value the contribution of a spouse who stays home to raise children as well as the value of a spouse who works so the other spouse can obtain a degree.

The court tries to look at the big picture to arrive at a fair solution for both parties of the divorce. The equitable distribution of property can become one of the most contentious issues in a divorce. To make sure your interests are being adequately protected, you need the advice and assistance of a family lawyer who specializes in divorce law.

Spousal Support/Alimony

Spousal support, also known as alimony, is financial support paid by one spouse to another, either during the divorce proceeding or after the divorce is granted. In Ohio, family law courts generally evaluate a number of factors when deciding whether to award spousal support, and if so, the amount and duration of the payments. The court looks at the following factors:

• Income and earning ability of the parties
• Age and condition of the parties
• Retirement benefits of the parties
• Duration of the marriage
• Custody of any children
• Standard of living established during the marriage
• Education of the parties
• Assets and liabilities of the parties
• Contribution of each party to the education, training, or earning ability of the other party
• Lost income potential of either party that resulted from that party’s marital responsibilities

Spousal support can last for a specified length of time, or it can continue indefinitely. In the alternative, it may be ordered to terminate upon the occurrence of a specified event, such as the remarriage of the payee-spouse. The preference is for the termination of support at a definite date, but the family law court has discretion in making the determination. The court may also order spousal support for a specified length of time and maintain jurisdiction of the support issue so that it can be reviewed and modified in the future.

Dissolution

A dissolution of marriage is a non-adversarial, no-fault legal proceeding to terminate a marriage. The parties file a petition with the family law court, jointly requesting that the court review and approve the agreement into which they have entered. The agreement must resolve all relevant issues such as division of property, allocation of marital debt, whether spousal support will be paid, allocation of parental rights and responsibilities, and more. All of the issues must be agreed upon or the dissolution procedure cannot be used.

The dissolution procedure has the same legal effect as a divorce in that the marital contract is terminated. A dissolution has a number of advantages in that it avoids conflict and confrontation, is quicker than a divorce, is usually less expensive and the parties have more control over the ultimate outcome. Whether you choose to end your marriage with a divorce or dissolution, you should first consult with an experienced divorce attorney who will help you understand and protect your interests.

Conclusion

Deciding to end your marriage is one of the biggest decisions you’ll ever make. Once you decide to obtain a divorce or dissolution, it is usually best to approach the divorce process from a rational, businesslike perspective, which is extraordinarily difficult given the intense emotional issues you will be facing. Working with an experienced family law and divorce lawyer will help to ease your stress and get you through this most difficult of processes.

Dayton Ohio divorce attorney, Jeremiah Denslow, takes great pride in his experience in handling all types of divorces, including complex, high-income and large-asset cases. While many lawyers run up large and unnecessary legal bills in litigating a divorce, Mr. Denslow always attempts to keep his fee at a reasonable level. If you need a divorce or family law attorney, call Dayton divorce lawyer, Jeremiah Denslow, today. He’ll handled divorces in Dayton, Cincinnati and Columbus and all surrounding suburbs, including divorces in Xenia, Middletown, Miamisburg, Centerville, West Carrollton, Tipp City, Englewood, Lebanon, Troy, Springfield, and more.