Fogt Law Office Can Help Give You a Fresh Start
A divorce is an emotional and stressful event in a person's life. It not only affects them, it affects their children. A divorce also impacts a person's financial security. You can depend on Attorney Christopher M. Fogt's experience and knowledge to ensure that you and your children receive the best possible outcome. He is a calm and prepared professional advocate that is focused on your case. Attorney Fogt is also a member of the Montgomery County Family Law Forum that provides several seminars every year on various divorce topics to better represent their clients.
Attorney Fogt listens to his clients so that he understands their goals and priorities. All clients are unique. He communicates well with his clients, opposing counsel, and the Court. He also provides straight-forward advice.
Divorce Attorney In Dayton, Ohio
A divorce legally terminates the marriage. Another purpose of a divorce is to equitably divide the parties' assets and debts. It is important to conduct thorough discovery to ensure an equitable distribution of the parties' assets and debts. This is done by utilizing a Request for Production of Documents (Ohio Civil Rule 34), a Request for Interrogatories (Ohio Civil Rule 33) and a Request for Admissions (Ohio Civil Rule 36) as well as other means.
A dissolution is still a divorce and terminates the marriage. The difference between a divorce and a dissolution is that with a dissolution, the parties agree on all terms and conditions of their divorce. Typically only one spouse hires an attorney. That attorney will draft the parties' dissolution. Sometimes, the other spouse will have their own attorney review the dissolution for peace of mind. Also, there is usually much less discovery conducted than in a divorce. Since a dissolution is more amicable and much less time consuming, it costs much less than a divorce.
A non-contested divorce is scheduled when one of the parties does not file an Answer to the other's Complaint for Divorce and does not show up at the divorce hearing. A divorce is sometimes scheduled for a "non-con" when the parties settle their divorce and have submitted their agreement to the Court or plan on reading it into the record. At a "non-con" the parties go to Court and either the Court and the parties acknowledge their agreement on the Record or their agreement is read onto the Record.
Sometimes parties wish to stay married for religious reasons or to maintain health insurance for the other party so they are granted a Legal Separation by the Court.
Spousal support is to ensure that both parties have sufficient funds to support themselves after the marriage. In determining whether spousal support is reasonable and in determining the amount and terms of payment of spousal support, each party shall be considered to have contributed equally to the production of marital income.
In Ohio, courts have broad discretion in determining the amount and duration of spousal support payments. For instance, one county typically does not order spousal support unless the parties have been married for at least 5 years. Also, for every 3 years of marriage, spousal support may be ordered for 1 year. For example, if a couple has been married for 15 years and there is a decent to a large disparity between the parties' income levels, then the Court would likely order spousal support to be paid for 5 years at the calculated support amount.
Spousal support can be ordered for a specific period of time after the marriage or it can be indefinite. In addition, courts can order temporary spousal support, which is only required to be paid during the pendency of the case.
When determining spousal support, judges consider a multitude of factors under Ohio Revised Code section 3105.18 including but not limited to:
- All income sources for the parties;
- Relative earning abilities of the parties;
- Ages of the parties;
- Physical, mental, and emotional conditions of the parties;
- Retirement benefits of the parties;
- Relative education level of the parties;
- Duration of the marriage;
- Standard of living established during the marriage;
- Relative assets and liabilities of the parties; and
- Tax implications for the parties.
The divorce process can be stressful for a number of reasons. One thing that tends to stress clients is the change of pace during the divorce. In the beginning, there is a lot of work quickly done. Then the divorce slows down, then speeds back up at the end. Attorney Fogt helps provide peace of mind throughout the process by communicating with clients even when there is not much happening in their case and making sure everything in their case is being done.
To file a divorce, there are many forms that are required by the Clerk's Office and/or Court that a client has to complete for the Court. They may seem daunting, but Attorney Fogt will answer your questions and guide you through it.
Another strength of Attorney Fogt's is his ability to conduct relevant and detailed discovery of your spouse's assets, debts, tax returns, employment records, bank records, retirement and 401(k) accounts and other such accounts, stocks and bonds, various collections whether gun and sports memorabilia, deeds and mortgages, and car titles.
After your divorce is filed, a pre-trial will be scheduled. Both parties and attorneys have to be present. Though only the attorneys and the Judge talk about the case to determine if there are any agreements on any issues as well as determine which issues remain. The Pre-Trial usually lasts only 15 minutes.
About a month or two after the pre-trial, a Settlement Conference will take place. If the parties can come to an agreement prior to the settlement conference, the parties can submit their Final Decree and Judgment for Divorce to the Court and then be divorced at the Settlement Hearing. If the parties do not reach an agreement prior to the Settlement Hearing, the Court will give the parties some time at the Settlement Conference to come to an agreement. If the matter cannot be settled the matter will be scheduled for trial.
Hearings and Trial
During the divorce, there may be hearings on Temporary Orders as to spousal support, child support, and property issues. If the parties cannot reach an agreement to settle the divorce, then there will be a trial on the remaining issues.
Attorney Fogt is a great advocate at hearings and at trial. Not only does he have a lot of hearing and trial experience in family law court, he has extensive hearing and jury trial experience in criminal court and even more experience with hearings in juvenile court. Most divorce attorneys do not have the such extensive hearing and trial experience nor the skillset to rely upon as Attorney Fogt.
Post Decree Issues
It is important for your attorney to draft and/or review the terms and conditions of the Final Decree and Judgment of Divorce to reduce the chance of Post-Decree Issues. Sometimes Post-Decree Issues cannot be avoided. For instance, which school district should the parties' 2 year old attend once he becomes school age. In contrast, all assets and debts should have been finalized in the Final Decree and Judgment for Divorce.
Divorce can be expensive, but it does not have to be. Attorney Fogt is mindful to settle your matter amicably with the other party in part to help save your financial resources. Attorney Fogt though cannot prevent the other party as well as his/her attorney from arguing over petty things or making poor legal arguments. However, Attorney Fogt knows how handle these issues, which in turn, will benefit you and your case. It is always best to work in good faith with the other party.
Fogt Law Represents Clients in Many Courts
Attorney Fogt practices Family Law in Montgomery County, Greene County, Clark County, and Warren County. He has and is willing to practice in other counties on request.