Divorce Attorneys Near Centerville

This southeast Dayton suburb is well-known for its large collection of stone houses. Many of these homes have stood for about 200 years. Most marriages fall much more quickly. In fact, although the divorce rate has dipped recently, it is still twice as high as it was a generation ago. Generally, unless the marriage only lasted a few months or the couple had a premarital agreement, divorce comes with substantial emotional and financial issues.

To deal with these issues, it is important to have a divorce attorney near Centerville. Proximity encourages partnership, which is necessary for a successful outcome. The dedicated attorneys at the Comunale Law Office are not just close to you geographically; we live here and work here, as well. These ties help us produce results that often exceed our clients’ expectations.

Parenting Time Division

Ohio law dictates that parenting time divisions be in the best interests of the children. That is different from the best interests of the parents and the preferences of the children. 

Most parents agree with this general principle. However, they may disagree as to the specifics. To fill in the gap, Ohio law provides a number of factors, including:

• Parents’ Wishes: Not all parents are willing or able to be residential custodians. Sometimes, parents express this preference indirectly. For example, if Dad showed little interest in school plays and soccer games during the marriage, he might not make a good residential custodian.
• Consistency: Whether they admit it or not, children crave stability. Since divorce is such an unstable situation, Montgomery County judges usually want to keep things as stable as possible. So, if the current parenting time divisions are working, most judges like to keep them in place, even if there are problems.
• Future Residential Plans: Long distance moves might be in the parent’s best interest, but they are generally disruptive for children. So, if a parent has plans to move out of state, or even out of the county, it is hard for that parent to obtain a residential custodian appointment.

In terms of child support, Ohio is an income share state. So, parenting time is a factor in the child support obligation, as well.

Property Division

This part of a divorce is usually either the most complex part or the least complex part. Generally, Montgomery County family law judges honor premarital agreements, even if they are slightly one-sided, as long as each spouse had a divorce attorney near Centerville throughout the process.

In the absence of a premarital agreement, judges look at a number of factors to equitably divide property. Some of these factors include:

• Length of the marriage,
• Nonmarital property awards,
• Standard of living during the marriage,
• Conservatorship of minor children,
• Each spouse’s age, health, educational, and vocational background, and
• Dissipation (waste) of marital assets.

Many of these same factors also apply in spousal support matters. Generally, alimony is an important part of an equitable property distribution.

Attorneys must be mindful of these factors both in court and during pretrial negotiations. Such arguments often resonate well with judges. Additionally, most judges will not approve settlements that stray too far from the listed factors.

Contact a Savvy Lawyer

Marriage dissolutions usually have emotional and financial issues. For a free consultation with an experienced divorce attorney near Centerville, contact the Comunale Law Office. Convenient payment plans are available.