Family Law – Dayton, Ohio

dayton ohio family law treherne law officeWhat is Family Law?

Family Law covers a variety of legal areas including divorce, dissolution, custody, paternity, and support.

In what court will my Family Law case be filed?

Family Law cases are generally litigated in Domestic Relations Court or Juvenile Court. Cases involving paternity, custody, and child support for a child born to unmarried parents are typically filed in Juvenile Court. Further, cases involving child abuse, neglect, or dependency, that normally involve children’s services, are filed in Juvenile Court. Cases involving custody and child support for a child born to married parents are typically filed in Domestic Relations Court. Further, divorces, dissolutions, and legal separations are filed in Domestic Relations Court.

What is the difference between a divorce and dissolution?

The goal of a divorce or dissolution is the termination of a marriage. In a dissolution both parties agree on everything before a petition for dissolution is filed. A separation agreement is signed by both parties that fully addresses how all assets and debts will be divided. Further, the parties agree on other issues such as custody, visitation (parenting time), and support (spousal and/or child). A dissolution is usually the most efficient way to terminate a marriage, but it is totally dependent on the cooperation of the parties. A divorce is an adversarial law suit filed by one spouse against the other alleging that a cause for divorce exists. Causes for divorce are set forth in Ohio Revised Code ยง 3105.01 and include adultery, extreme cruelty, neglect of duty, habitual drunkenness, and incompatibility. The majority of divorce cases will end in an agreement between the parties. However, cases that are not resolved with an agreement will go to trial and the Court will decide all contested issues.

Is a divorce better than a dissolution?

Every case is different. Sometimes a dissolution is better sometimes a divorce is better. The benefit of a dissolution is you know the outcome. A divorce could end in a decision that both parties dislike.

Will I have to pay spousal support?

Every case is different. Generally, if the marriage lasted over three years and an income disparity exists spousal support will be an issue. Spousal support can be forever barred if both parties agree it is not needed.

Will I have to pay child support?

Child support is usually ordered in custody cases and marriage termination cases. If the parties agree child support is not necessary and the parties are not on public assistance (including medical) then a court may not order support. Child support can be modified until a child is emancipated. Accordingly, even if the parties originally agree to no child support a party may file to get child support in the future. Notably, child support is often ordered in shared parenting situations.

How much does a Family Law case cost?

Every case is different. The filing fees paid to the court generally range between $100 and $450 depending on the court and the type of case. The attorney fees paid to the Treherne Law Office will also depend on the type of case. A simple dissolution (no kids, no spousal support, no retirement to split) can usually be done for around $1,000 in attorney fees. A complex dissolution (child support, spousal support, retirement) can usually be done for around $2,000 in attorney fees. A divorce case or custody case will generally range between $1,500 and $5,000 in attorney fees. Of course, parties who contest more issues will generate more legal work and more attorney fees.

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