Family Law Attorney, Dayton, Ohio
Affordable legal help | Oct 03, 2020
Family Law Attorney, Dayton, Ohio
Just like there are some legal requirements to get married, similarly, there are certain laws you need to follow for getting a divorce. The process of a divorce is not an easy one. You have to make sure you fulfill the residency requirements to be able to file for one. Moreover, both the parties have to decide over child custody and support, in case there are children in the marriage. Once all the legal documentation and requirements are taken care of, only then is the divorce finalized by the court.
If you're a resident of Ohio, you need a professional family lawyer, in a time like this. At Affordable Legal Help, our family attorneys, Dayton, Ohio are available at your beck and call, to provide you with unbundled legal services, according to their expertise. Therefore, whether you need a child custody lawyer in Dayton, Ohio or a divorce attorney, Dayton, Ohio, our network will provide you with the best one, based on the nature of your case.
Divorce Laws in Dayton, Ohio
It is important to be well acquainted with the various family laws pertinent to your state. In Dayton, Ohio, the residents have to make sure that they follow through with the requirements for filing for a divorce.
According to the Ohio state laws, the plaintiff or the person applying for a divorce, should be a resident of the state for at least six months. Moreover, the court gives the couple almost 90 days for reconciliation, before finalizing the divorce. During the waiting period, the couple may decide to call off the divorce, or if not, they can decide upon child custody and support issues.
If you do not fall within the criteria of the residency requirements, you can hire a divorce attorney Dayton, Ohio, to guide you on how to address the issue.
Grounds For Divorce
Just like the other states of the US, Ohio is also a no-fault state, but upon the condition that the couple lives separately for one year, without any physical contact. Therefore, unless you meet this condition, you can’t apply for a no-fault divorce.
Other grounds of divorce include the following:
- Either of the spouses were already married
- Absence of the partner for a year or more, purposefully
- Cruelty or domestic violence
- Alcohol usage to the point of getting drunk
Although, many cases can be resolved without a lawyer, it is highly recommended to take help from a divorce attorney, Dayton, Ohio, as state laws are constantly changing and they will be able to keep you updated about them.
Child Custody Laws in Dayton, Ohio
A divorce is already a toilsome process, but if children are involved, it becomes even more difficult as you have to keep the best interest of your children in mind before making a decision. When a couple decides upon child custody arrangements, the court has to consider some factors before passing the final judgement. Those factors include:
- The wishes of the child
- The wishes of the parents
- The relationship of the child with each parent
- The child’s adjustment to their new surroundings
- Mental and physical health of the child
- Mental and physical health of the parents
- Encouragement of the parents to promote the child’s relationship with the other parent
- Parents cooperation with each other to take mutual decisions
- How far or near the residence of both parents are
To better understand all the other requirements for child custody, getting the services of a child custody attorney in Dayton, Ohio would be a good choice.
Child Custody Categories
In this section, we will discuss the various types of child custody and how a court comes to decide which custody is good for the overall well-being of the child.
Physical and Legal Custody
In this type of custody, one of the parents has the physical custody of the child and is known as the custodial parent. The other parent is the non-custodial parent but has the right of legal custody. This means that they will be able to make decisions on behalf of the child.
In the case of joint custody, the child spends an equal amount of time with both the parents and they are both liable to make important decisions for the child.
Split custody takes place in case of more than one child. In this type of custody, the children are split between the parents, meaning that some of them live with the father and the remaining live with the mother. Split custody is not very much favoured, as the court doesn’t find it appropriate to separate siblings from each other.
Child Support Calculation
Parents are responsible for paying for child support when they decide to end their marriage. The amount of child support is calculated based on the monetary schedule in the statute. The gross income of both the parents, along with the number of children is taken into account for accurate calculation of the amount.
The gross income includes:
- Salary, bonus, commission and pension.
- Trust income and interest
- Social security benefits
- Spousal support received
- All other sources of income
A child support lawyer Dayton, Ohio would further explain other details regarding child support.
When Does the State Allow Deviation from the Child Support Calculation?
Sometimes certain circumstances arise due to which the state allows deviation from the child support calculation. The factors that lead to deviation are:
- Special needs of the child
- Income disparity
- The standard of living
Child Support Modification
If the parents feel the need of changing the child support payment, they can apply for a modification 36 months after the judgement was originally passed. The reasons for modification could be:
- A change in job
- No-fault layoff
If there are other reasons for requesting for modification, you can always hire a child support lawyer Dayton, Ohio.
If you're looking for affordable family lawyers in Dayton, Ohio, call us for a free consultation appointment. Our team consists of competent and hardworking lawyers who will handle your case and resolve it effectively. Our fee ranges from $500 to $1000, depending on its complexity and nature