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Divorce

Divorce

Dayton Divorce Attorneys

Enlisting the help of an experienced divorce attorney you can trust can make navigating the process much easier.

Marriages can end legally through a divorce or dissolution. While the State of Ohio is a “no-fault state,” the moving party needs to claim a legal ground for divorce as articulated by O.R.C. 3105.01 and 3105.17. In addition to the legal ground(s) for divorce, the party must have resided in Ohio for a minimum of six months immediately before filing a complaint for a divorce. Further, the moving party must have been a resident of the state of Ohio for ninety days prior to filing in their county of residence.

The Proceedings

Divorce proceedings begin when one party files a Complaint for Divorce against the other. This complaint is then served upon the opposing party in accordance with the local rules and civil rules of procedure. The opposing party then has twenty-eight days to answer the complaint.

After the complaint is filed, the court will issue temporary orders. Each county has its own procedures for temporary orders. Due to divorces commonly spanning a significant duration of time, it may be necessary to issue a temporary order to uphold the status quo throughout the divorce process. A temporary order can include the establishment of a temporary parenting schedule, child support, spousal support, exclusive use of a marital residence, and litigation expenses.

In addition to these temporary orders, a temporary restraining order is frequently issued. This restraining order prohibits either party from destroying, altering, defacing, or engaging in activities that would destroy the value of assets, for instance: depleting bank accounts, removing the other from insurance, incurring debt, selling items, etc.

The Court will then set the case for a pre-trial conference. Depending on the facts of the case, the case can be set for mediation, a settlement conference, a further pre-trial, or even for a final hearing. This depends on the specific facts of the case, the discovery that is needed, and other additional issues such as the employment of an expert witness or Guardian Ad Litem.

How Can We Help You?

Our premier Dayton attorneys work diligently to defend our clients’ rights with aggressive and individualized legal representation.

Our Family Law Attorneys

Markus L. Moll
Trial Attorney
Steven Strain
Trial Attorney

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