Divorce Attorney Dayton Ohio
Dayton Divorce Attorney at Hartley Law Office, LLC
Our Dayton divorce lawyer helps our clients resolve challenging family law issues, including the low- or high-conflict termination of marriages via divorce, by taking the time to understand each of our clients' unique situations and by providing informed, frank, and understandable guidance. Whether through skillfully negotiated settlement or aggressive trial representation, we are here to help our clients achieve their immediate and long term goals.
Divorce in Ohio
These materials are offered by Dayton divorce Lawyer Aaron Hartley and Hartley Law Office, LLC, for information purposes only. Do not act or rely upon any of the resources and information available in or from this site without first seeking professional legal advice in your home state. The information on this website is general in nature, may not be current, does not constitute legal advice, and does not create an attorney-client relationship. Contact a Dayton divorce lawyer for legal advice applicable to the unique set of facts and circumstances surrounding your divorce in the Dayton, Ohio, area.
Differences arise between people and in all families. Most differences can be resolved amicably and do not result in the termination of a marriage or a legal separation. But, often prolonged martial conflict can be unsustainable, unhealthy, and ultimately indefensible. If you are considering terminating your marriage, or have already decided to file for divorce, it is important that you speak to an experienced Ohio divorce attorney, who can discuss your options with you and represent you in the divorce process.
Fault-Based Divorce in Ohio
In fault-based divorces in Ohio, the plaintiff will file for divorce, alleging fault, on the part of the defendant, on one of the following grounds: (1) plural or bigamous marriage (if either spouse had an additional living spouse at the time of the marriage in question), (2) willful absence (if your spouse willfully leaves the marital home for a year's time), (3) adultery (voluntary sexual intercourse with a person other than the offender's spouse), (4) extreme cruelty (any action meant to destroy the peace of mind and happiness of one's spouse; can include physical abuse, excessive drug use, verbal abuse, etc.), (5) fraudulent contract (if there was a fraudulent representation that affects the essential elements of the marriage), (6) gross neglect of duty (an omission to perform a legal duty, where the negligence rises above ordinary negligence), (7) habitual drunkenness (frequent and regular recurrence of intoxication or drunkenness), (8) imprisonment (at a state or federal correctional institution), and (9) divorce outside of the state of Ohio (a state other than Ohio granted a divorce, but that court lacked personal jurisdiction over both parties, marital obligations still bind one of the parties, and--if parental rights and responsibilities, child support, spousal spport, or property rights were determined--that court's decision is not entitled to full faith and credit).
No-Fault Divorce in Ohio
In a no-fault divorce, neither party is to blame for the ending of the marriage. The reason to end the marriage can be either of the following: (1) incompatibility (both parties must agree) or (2) no cohabitation for a year's time.
Contested and Uncontested Divorce in Ohio
The term, 'uncontested divorce,' can be misleading. By definition, an Ohio divorce is a contested cause of action. A complaint for divorce has two parties: a plaintiff and a defendant. However, a divorce can be uncontested in the sense that: (1) the defendant fails to respond to the plaintiff's complaint and a default judgment is entered for the plaintiff, or (2) after a divorce has been filed, both parties agree that a divorce is necessary, and the parties have come to complete agreement upon the terms of their divorce, without the court's direct involvement, saving themselves time and money. An uncontested divorce typically involves less anger, hostility, and ill-will than in a situation involving a contested divorce.
In a contested divorce, spouses are unable to resolve all issues prior to trial. While they may have resolved some, or even most issues, they cannot agree on at least one important issue, such as child custody, child support, spousal support, parenting time, property division, or debt division. In such a situation, the case is heard by the court, evidence is presented, and the judge decides all contested matters. It should be noted that no party usually leaves court completely satisfied following a divorce.
Complex Divorce in Ohio
All divorces are stressful and emotionally difficult. Complex and high-asset divorces are no different. However, complex and high-asset divorces often present a whole new set of concerns. Issues such as business and real-estate valuation, the division of stock, retirement and investment accounts, and other unique concerns require an experienced divorce attorney. In fact, identification and proper appraisal of assets and liabilities is critical to obtaining an equitable division of property.
Jurisdictional Consideration in an Ohio Divorce
To grant a divorce, an Ohio common pleas court must find the following: that plaintiff has resided in Ohio, for at least six months, that venue is proper, and that grounds for divorce exist. At a minimum, the court must have subject matter jurisdiction over the marital relationship. If property must be divided, the court must have jurisdiction over the defendant and, either directly or indirectly, over the parties' property. If there are minor children involved in the divorce, the court must have personal jurisdiction over the defendant, in order to allocate parental rights and responsibilities.
As stated above, an Ohio court must have a basis for asserting personal jurisdiction over the defendant in order to determine parental rights, child support, spousal spport, or property rights. Even if the defendant is not a resident of Ohio, in some situations, an Ohio court could exercise personal jurisdiction over the defendant. For example, jurisdiction is proper when the defendant owns property in the state of Ohio or when the defendant has previously resided in Ohio during the marital relationship.
Venue for an Ohio Divorce (Where do I File For Divorce in Ohio?)
Typically, the proper venue for an Ohio divorce lies in the county where the plaintiff has resided for at least 90 days, immediately before the filing for divorce. In the case of an incarcerated person, the proper venue is the county in which that person resided, prior to being incarcerated, not the county in which the prison or institution is located. If venue is appropriate in several counties then the plaintiff may choose the venue he or she would prefer.
Experienced and Dedicated Divorce Attorney in Dayton, Ohio
Hiring a Dayton divorce attorney is an important decision; it should not be based solely on advertisements. If you are looking for a knowledgeable, experienced, and effective divorce attorney in Dayton, Ohio, learn more about Attorney Hartley.
Contact a Divorce Attorney in Dayton, Ohio
If you face a significant Family Law issue, need experienced legal representation, and would like to schedule a confidential, initial consultation with our Dayton divorce Attorney, Aaron Hartley: contact our office at (937) 312-9130 or by using our online contact form. Please be advised that, upon request, evening and weekend appointments are generally available. View and print directions and contact information.
Learn About Family Law and Our Dayton Divorce Attorney
Dayton divorce Lawyer Aaron Paul Hartley and Hartley Law Office, LLC, publish and regularly update both Blog and multiple FAQ pages focused on various topics in Family Law. If you would like to learn more about the types of Family Law matters that we handle in Centerville, Dayton, Kettering, Moraine, and Oakwood, as well as other Southwestern Ohio communities, please examine the individual pages written about those practice areas, including: Alimony / Spousal Support Child Custody, Child Support, Dissolution, Father's Rights, Grandparent's Rights, Juvenile Court, Legal Separation, Military Divorce, Parenting Time / Visitation, Paternity, Post-Decree Modification, Property Division, Protection Orders, Shared Parenting, and Temporary Orders.