Expert legal representation for all types of divorce cases in Dayton, Ohio.
Contact UsThe Pirnia Law Office helps clients throughout the Dayton area understand Ohio divorce laws so they can make informed decisions about pursuing a divorce that suits their situation.
Going through a divorce is one of the most challenging experiences a person can face. At Pirnia Law Office, we understand the emotional, financial, and legal complexities involved in ending a marriage. Our experienced divorce attorneys provide compassionate guidance and strong representation to help you navigate this difficult process.
To meet Ohio residency requirements for filing divorce, one spouse must:
The divorce process begins with one party filing a complaint requesting a divorce. The complaint is then served upon the other spouse who may deny, admit, or counterclaim the allegations contained in the complaint.
Parties may settle on divorce terms outside of court. If the divorce goes to trial, an Ohio judge, not a jury, hears the case. Ohio does not have jury divorce trials.
At Pirnia Law Office, we handle all aspects of divorce proceedings, including property division, spousal support, child custody, child support, and more. Our experienced attorneys are dedicated to protecting your rights and achieving the best possible outcome for your case.
When parties cannot agree on the terms of divorce, the divorce is considered contested. In a contested divorce, usually each party has a Dayton attorney representing their interests.
For a contested divorce in Dayton, one or more issues are in dispute, such as:
During a contested divorce in Dayton, the Court may issue temporary orders that deal with temporary child custody, support, and other matters while the divorce is pending.
Some contested divorces are very adversarial and require litigation. Other divorces may be subject to alternative dispute resolution methods, such as negotiated settlement, mediation, or collaborative law.
In Dayton, Ohio, a non-contested divorce is when one spouse, called the plaintiff, files a complaint for divorce with the Court. The other spouse, called the defendant, chooses not to respond to the plaintiff's complaint.
Once the Defendant has been served with the Divorce papers, the Court must wait at least 42 days to have the final non-contested divorce hearing. The plaintiff, along with one witness, testifies at the final hearing. In most cases the defendant does not attend.
Your divorce attorney prepares the final divorce decree which is submitted to the judge at the final divorce hearing. The judge will review the proposed divorce decree and will usually approve it.
An uncontested divorce offers a more amicable and cost-effective solution, minimizing conflict and legal expenses.
A dissolution of marriage is an action where the parties mutually agree to terminate their marriage. This action is only started after the husband and wife have signed a separation agreement regarding all property, spousal support and any child-related issues.
After jointly filing a Petition for Dissolution, the parties must wait at least 30 days before the court will hear their case. The case must be heard within 90 days of filing.
At the hearing, the court will review the separation agreement and ask the parties if they still want to terminate their marriage. If both parties agree, the court will grant the dissolution and make the separation agreement an order of the court.
This no-fault process allows for a faster and less adversarial resolution, saving time and reducing emotional stress.
Military divorces involve unique considerations regarding jurisdiction, military benefits, retirement pay, and deployment schedules. Our attorneys have specialized knowledge of both state divorce laws and federal regulations affecting military personnel and their spouses.
We provide informed guidance on complex issues like the Uniformed Services Former Spouses' Protection Act (USFSPA) and help navigate the intersection of military and civilian legal systems.
Military service can create unique circumstances that require special handling during divorce proceedings, and our attorneys have the experience needed to address these specific needs.
Jurisdiction: The Court must find that the plaintiff (the person filing the divorce complaint) has been a resident of the State of Ohio for at least 6 months immediately prior to the filing of the complaint and a resident of the county in which the divorce has been filed for at least 90 days.
Grounds: A party filing must have legal reasons for a court to grant a divorce. Ohio law permits the granting of a divorce only upon a finding by the court that there are statutory grounds to terminate the marriage. There must be testimony by the plaintiff and a corroborating witness (or an admission by the other spouse) as to these specific grounds. "Grounds" in Ohio can include things such as "incompatibility" and "living separate and apart without cohabitation for one year."
A divorce case is commenced by the filing of a "complaint." The spouse who files the complaint is called the "plaintiff." The other spouse is called the "defendant."
"Service" of the complaint must be made on the defendant in order to bring him or her within the jurisdiction of the court.
The defendant spouse should then file an "answer" to the complaint, admitting or denying the allegations in the complaint. If the defendant denies the allegations he/she may also raise any defenses he/she has. Additionally, the defendant spouse may also file a "counterclaim" asserting any claim he/she has against the plaintiff spouse for divorce or for a "legal separation."
If the defendant spouse files a counterclaim, the plaintiff must file a "reply," either admitting or denying the allegations contained in the counterclaim and raising any defenses that the plaintiff may have.
A "guardian ad litem" (GAL) can be appointed by the court at the request of either party or upon the court's own motion to represent the interests of the minor children of the parties. The GAL is usually an attorney familiar with domestic relations law and his/her job is to act in the best interests of the children.
The parties will generally be required to pay the fees of the GAL based upon their ability to pay. The GAL will be asked to make recommendations to the court regarding custody, parenting time, and other matters affecting the children's welfare.
No. Ohio does not permit jury trials in divorce cases. If the case goes to trial, the judge will make the final determinations.
The major legal issues that need to be resolved in a divorce case typically include:
Mr. Pirnia can help you navigate these complex issues to protect your rights and interests.
Divorce takes many factors into consideration. You need to discuss your objectives and figure out the best approach—for your children's welfare and to manage finances so you can maintain your standard of living, if possible.
You must also know your rights under the law to protect your interests. Carefully selecting the right Dayton divorce attorney should always be first course of action when searching for lawyers in Ohio.
Serving clients throughout the Dayton area, including, Centerville, Kettering, Springboro, Beavercreek, Bellbrook, Miamisburg, Huber Heights, Oakwood and Washington Twp.
Every divorce case is unique. Contact us today to discuss your specific situation.
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