Contested & Uncontested Divorce in Dayton, Ohio

Serving clients in divorce actions throughout the Dayton area, including, Centerville, Kettering, Springboro, Beavercreek, Bellbrook, Miamisburg, Englewood, Huber Heights, Oakwood and Fairborn

The Pirnia Law Office helps clients throughout Dayton area understand Ohio divorce laws so they can make informed decisions about pursuing a divorce that suits their situation.

Uncontested divorce in Dayton, Ohio

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 the final hearing. In Dayton, the defendant spouse does not have to attend the final divorce hearing for the plaintiff spouse to obtain a divorce. The plaintiff’s attorney prepares a final divorce decree and presents it to the Court for the Court’s approval at the final divorce hearing. The Court will review the final divorce decree prepared by the plaintiff's attorney and will usually approve the decree. For a non-contested divorce in Dayton, a flat fee is usually charged by Pirnia Law Office.

Dayton contested divorce

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 child custody, visitation, child support, alimony/spousal support, property division and/or the division of debts. During a contested divorce in Dayton, the Court may issue temporary orders that deal with temporary child custody, parenting time/visitation, child support, spousal support. If one party is unhappy with the temporary order, that party may have a hearing on the order. When child custody is in dispute, a party may request the Divorce Court appoint a Guardian Ad Litem to represent the children's interest. The parties will then exchange information, a process called discovery. The parties will try to resolve their differences. In most contested divorce cases, the parties will eventually settle their differences. Both spouses will attend the final hearing. Now if the parties are unable to settle their differences, the case will go to trial in front of a judge. The Divorce Court will then decide all contested issues at a trial.

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. The partners must be willing to discuss their differences and open to some degree of compromise for alternative dispute resolution to be effective.

Collaborative divorce in Dayton

Collaborative law uses a team approach to resolve disputed areas. The couple participates in a series of meetings with their attorneys who assist in the collaborative process. Lawyers may bring in financial specialists, marriage counselors, and child experts to help provide solutions and encourage cooperation to arrive at a settlement.

As part of establishing an atmosphere of cooperation, all parties begin by signing a participation agreement, which encourages them to combine their efforts to make the process work. Should they be unable to resolve their conflicts, each spouse must retain a new lawyer if they wish to litigate.

While a relatively new divorce remedy, collaborative law has a high success rate and is gaining popularity for being much less time consuming and more affordable than litigation.

Discuss approaches to divorce with the Pirnia Law Office

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.

For more information on contested, uncontested and collaborative divorce in Dayton, take advantage of our free, confidential consultation at no obligation. Call toll free at 888-501-3712 or contact us online today.

Payment options are available to help our divorce, dissolution and family law clients in the Dayton area.