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Attorney Anne Harvey Dayton


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Attorney Anne Harvey Dayton Family Law

Attorney Anne Harvey Dayton Family Law

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  • 1. Free Powerpoint TemplatesPage 1Free Powerpoint TemplatesFamily Law
  • 2. Free Powerpoint TemplatesPage 2Jurisdiction & VenueIf you have resided in Ohio for six months and yourcounty for 90 days, congratulations! You havesatisfied the most basic requirements for the filing ofa divorce or dissolution action in Ohio.
  • 3. Free Powerpoint TemplatesPage 3Filing & ServiceA divorce case is commenced with the filing of aComplaint with accompanying affidavits. Due processrequires that the other party receive notice of theaction and an opportunity to be heard. This isaccomplished by service of process and may be doneby certified mail to a residence address, processserver/Sheriff’s service, and by notice in anewspaper if the person’s address is unknown. Theother party receives a summons and copies of all thedocuments and orders filed and the server or clerk ofcourts prepares a return of service.In a Dissolution, both parties waive service ofprocess.
  • 4. Free Powerpoint TemplatesPage 4Temporary OrdersTemporary orders control who pays what, and who does what,during the time the divorce case is pending. Because divorcecan take many months or even years in some jurisdictions,temporary orders may be modified more than once. Temporaryorders are available in legal separation actions but notdissolutions.Most counties have a procedure to establish temporary childand spousal support orders approximately fourteen days afterservice is completed on the other party. Some counties allow anattorney to calculate temporary support and prepare affidavitsrelating to child custody and actually have an order establishedwithout advance notice to the other party.An “oral hearing” is available if either party wishes to contest atemporary order.
  • 5. Free Powerpoint TemplatesPage 5Custody IssuesIf there are minor children born as issue of themarriage, both parents will be required to attend aParenting class in the county where the case is filed.The time requirements and content vary from countyto county, but the class is usually two to three hourslong and covers issues such as conflict reduction andcooperation for the sake of the children.
  • 6. Free Powerpoint TemplatesPage 6Custody IssuesIf there is to be a disputed custody issue, then the Court willmost likely appoint an expert to evaluate the family and helpthe Court determine what is in the “best interests” of theminor children. A Guardian Ad Litem is usually an attorneywho completes interviews of the parents, children, schoolteachers, and so forth, and makes a written report to theCourt. A “GAL” is a critical player in a custody or parentingtime dispute and they are usually very dedicated to doingwhat’s best for the children. Where there are more complexpsychological issues, then the Court may appoint apsychologist or psychiatrist to perform mental healthevaluations on the parents, children, and even other peopleliving in the household. Psychological evaluations are veryexpensive and the trend is to use them sparingly.
  • 7. Free Powerpoint TemplatesPage 7Domestic ViolenceA domestic violence matter may be criminal, civil or both.A criminal domestic violence may involve threats of forceor actual force against a family or household member.A civil domestic violence case typically results in a CivilProtection Order which may be obtained initially withoutnotice to the other side. It is possible to require theoffending party to vacate a marital residence if there is aninitial finding of domestic violence. The offending partyhas the opportunity to present evidence at a full hearingand contest the validity of the order. A Civil ProtectionOrder may last as long as five years.
  • 8. Free Powerpoint TemplatesPage 8Shared ParentingShared parenting is still sometimes referred to informallyas joint custody. In Shared Parenting, the parents aremaking philosophical statements to the Court that his/herpartner is a good parent and there is no need for muchCourt supervision in parenting issues. In SharedParenting, there must be a “Plan,” which is essentially aschedule of when the minor children will be with eachparent. Shared Parenting may involve a deviation from theOhio Guidelines for Child Support where both parents havethe children much of the time.
  • 9. Free Powerpoint TemplatesPage 9Differences BetweenDivorce & DissolutionThe initial decisions in a family law matter are the mostimportant. Many clients ask me about the differencebetween divorce and dissolution. Here are the maindifferences as I see them:Dissolution is 100 percent no-fault—no one will ask youwhy your marriage is terminating. In a Divorce, mostcounties treat the case as essentially no fault, and mostdivorces go forward on the grounds of “incompatibility.”Other fault grounds are available but most Courts tend toavoid them.
  • 10. Free Powerpoint TemplatesPage 10Differences BetweenDivorce & DissolutionIn a Dissolution, you and your spouse must be in fullagreement on every property issue, child issue, supportissues, retirement issue and debt issues. The reality is thatmost couples are unable to agree on everything up front,but may be able to agree later, with the passage of sometime.
  • 11. Free Powerpoint TemplatesPage 11Differences BetweenDivorce & DissolutionA Dissolution has a 30 day waiting period for a hearing,which doesn’t start to run until the case is filed. In aDivorce, a hearing may not be scheduled until 42 daysafter service. A Dissolution can theoretically be faster, butmany couples spend months negotiating a dissolution andlose any time advantage.Dissolution is for couples who trust each other and arereliable. Drug or alcohol abuse, or physical abuse, “gameplaying” or other monkey shines are not a good predictorfor a successful dissolution.
  • 12. Free Powerpoint TemplatesPage 12Differences BetweenDivorce & DissolutionIf you are undecided about whether you should try adissolution or simply file for divorce, then give yourself adeadline. By this I mean some period of time after whichyou will file for divorce if a dissolution is not filed, or readyto be filed. Most couples who do successful dissolutionsare able to get the case filed in less than a month ofnegotiations.
  • 13. Free Powerpoint TemplatesPage 13General adviceRun your credit report before you file and sometime whileyour case is pending.Don’t spend too many $275 attorney hours fighting overwho gets the furniture.Never hide assets, run up debts, or post scandalousmaterial on the internet out of anger or spite.Be discreet about new love interests during your case.
  • 14. Free Powerpoint TemplatesPage 14General adviceRemember that your children will eventually be your judgeand jury — so treat your ex accordingly.Understand that your standard of living will not go upright after you end a marriage.Don’t expect a court proceeding to be an episode of theOprah show. Feelings are important, but the Court hasheard it all before.
  • 15. Free Powerpoint TemplatesPage 15General adviceLet your attorney do her job and ignore her advice at your peril.Assemble your tax returns, including attachments, and allfinancial statements before you first meet with an attorney.Don’t change attorneys more than once.