Blast From The Past: Legal Separation in Ohio: What Does it Legally Mean?

legal separation divorce court order

PUBLISHER’S UPDATE: Here is one of my favorites posts about legal separation from back on February 8th, 2020! The advice rings as true now as it did then. …We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Everything You Need To Know About Legal Separation In Ohio [But Were Afraid To Ask!]

legal separation divorce court orderEnding a relationship can be frustrating. Likewise, understanding the process involved can be confusing. In Ohio, there are only three ways legally to terminate a marriage: divorce, dissolution, and annulment. While those three ways are the only methods to terminate a marriage legally, a couple can also seek what is known as a “legal separation.”

What is a legal separation?

Black’s Law Dictionary defines separation as “an arrangement whereby a husband and wife live apart from each other while remaining married, either by mutual consent (often in a written agreement) or by judicial decree.” A legal separation involves a court order where the spouses remain married but live separately. The court order allows the court to issue orders concerning division of property, spousal support, and visitation and … Read More... “Blast From The Past: Legal Separation in Ohio: What Does it Legally Mean?”

Divorce: What is the Purpose of Temporary Orders in an Ohio Divorce?

temporary orders ohio civil rule 75

PUBLISHER’S NOTE: This blog about Ohio Civil Rule 75(N) temporary orders, is as meaningful today as it was when we originally posted it on May 8, 2021! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Should I Request Temporary Orders In My Divorce Case? What Are Ohio Civil Rule 75(N) Temporary Orders?

Courtroom discussing Ohio Civil Rule 75(N) temporary orders.When going through a divorce in Ohio, understanding Ohio Civil Rule 75(N) temporary orders is crucial. It seems there are often questions asked about the issuing of Temporary Orders in Ohio divorces. Ohio Civil Rule 75 (N) outlines the process. (Click here to read Ohio Civil Rule 75 (N)).

Temporary Orders are intended to maintain the status quo regarding finances and the children and their care. Like the name suggests, these are Court Orders intended to remain in effect for a limited amount of time – typically during the pendency of the action or until further Court Order. A Temporary Order may be requested in the Complaint, Answer, Counterclaim, and Financial Affidavit or by separate motion.

Although these orders are “temporary” they are still Orders of the court that … Read More... “Divorce: What is the Purpose of Temporary Orders in an Ohio Divorce?”

An Explanation of Ohio’s House Bill 636 – Expanding Marriage Rights in Ohio

Ohio House Bill 636 expanding marriage rights

Understanding the Impact of Ohio House Bill 636 Expanding Marriage Rights on Ohio Residents

Ohio House Bill 636 expanding marriage rightsOhio has made significant strides in recent years toward inclusivity and equality, but the journey is far from over according to the sponsors of Ohio House Bill 636 expanding marriage rights, introduced in the Ohio legislature, aims to amend and enact various sections of the Ohio Revised Code to align state laws with federal mandates regarding same-sex and interracial marriages. It is aimed at modernizing Ohio’s legal framework and ensuring that all residents have the right to marry, regardless of race or sexual orientation.

The Goals of Ohio House Bill 636 Expanding Marriage Rights:

At its core, House Bill 636 seeks to eliminate outdated and discriminatory language from Ohio’s Revised Code. One of the most striking amendments is the removal of terms that define marriage strictly as a union between a man and a woman. Instead, the proposed legislation introduces more inclusive language that recognizes same-sex marriages. By doing this, the bill not only aligns Ohio with federal law and the legalization of same-sex marriage following the 2015 Obergefell v. Hodges case, but also reflects a more contemporary understanding of marriage and relationships.

Key

Read More... “An Explanation of Ohio’s House Bill 636 – Expanding Marriage Rights in Ohio”

Blast From The Past: If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?

divorce spousal support

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on March 3, 2023. …We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Divorce Likely? The Dangers If You Do Not Have a Prenuptial Agreement or a Postnuptial agreement in Place

divorce spousal supportAs a longtime Ohio divorce lawyer, reading the recent comments made by country music singer Kelsea Ballerini about her divorce from Morgan Evans caught my attention. Kelsea complained on a recent podcast that Morgan “took half the house he didn’t pay for” and other things as well. She was upset that Evans (also a country singer) wrote a song and was profiting about him being “blindsided” by their break-up. Click here to listen to his song about it titled “Over for You”. Kelsea’s comments got me thinking and I thought I would write this blog about property division and spousal support in Ohio.

IF I EARN MORE, I SHOULD GET MORE!

I remember back in the late 70’s and early 80’s, men going through divorces commonly expressing this opinion when we met to discuss a … Read More... “Blast From The Past: If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?”

Learn From Her Mistakes: It’s Too Late for J Lo to Create a Prenuptial Agreement, But it May Not be Too Late for You!

importance of prenuptial agreements

Understanding the Importance of Prenuptial Agreements for Financial Security

importance of prenuptial agreementsJennifer Lopez and Ben Affleck (more affectionately known as “Bennifer”) have made headlines again, this time for filing for divorce after just two years of marriage. Despite their high-profile lives and busy careers, this was a couple that the world wanted to succeed since the early 2000s. However, this split should serve as a reminder of the importance of prenuptial agreements – especially when it comes to marriage and our finances.

The pair reportedly did not have a prenuptial agreement in place, which means that under California law, any assets that they have acquired during their marriage will be split between them, including their $68,000,000 mansion, and any income earned during the past two years. As of this year, Lopez’s net worth was estimated to be $400 million, substantial compared to Affleck’s $150 million. Although J Lo’s divorce petition listed the couple’s assets as “unknown,” it is clear that this will be a huge amount to be addressed by the courts.

However, this uncertainty could have been avoided if the pair had recognized the importance of prenuptial agreements and utilized proactive estate planning, such as executing a prenuptial agreement. A prenup … Read More... “Learn From Her Mistakes: It’s Too Late for J Lo to Create a Prenuptial Agreement, But it May Not be Too Late for You!”

Blast From The Past: September is Suicide Prevention Awareness Month

suicide prevention awareness

Why Suicide Prevention Awareness Month Resources Are Crucial

Suicide Prevention Awareness Month resourcesSeptember is Suicide Prevention Awareness Month resources — a time to raise awareness of this stigmatized, and often taboo, topic. It is hoped that this initiative will help to shift public perception, spread hope and share vital information to people affected by suicide. The goal of the various suicide prevention organizations is ensuring that individuals, friends and families have access to the resources they need to discuss suicide prevention and to seek help.

Here are some alarming statistics:

Individual Impact:

  • 79% of all people who die by suicide are male.
  • Although more women than men attempt suicide, men are 4x more likely to die by suicide.
  • Suicide is the 2nd leading cause of death among people aged 10–14 and the 3rd leading cause of death among people aged 15-24 in the U.S.
  • Suicide is the 12th leading cause of death overall in the U.S.
  • 46% of people who die by suicide had a diagnosed mental health condition – but research shows that 90% may have experienced symptoms of a mental health condition.

Community Impact:

  • Annual prevalence of serious thoughts of suicide, by U.S. demographic group:
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What is a Separation Agreement? Why is it Important in an Ohio Dissolution?

Ohio separation agreement for dissolution

Why an Ohio Separation Agreement for Dissolution is Crucial in Ending a Marriage

Ohio separation agreement for dissolutionFor many, ending a marriage is a time filled with uncertainty. Nearly all aspects of a family’s life will change, including their finances, child care and custody, and living situations. In Ohio, other than by an annulment, there are two ways to terminate marriages: by dissolution and by divorce. Divorces frequently require a significant amount of judicial intervention, which may not be preferable for spouses who are able to agree to terms of their separation without the need for a third party to make decisions for them. Dissolution is a more amicable alternative to divorce in which spouses both agree to ALL of the terms of their Ohio separation agreement for dissolution, terminating the marriage.

Dissolution is a process which allows the spouses to maintain a substantial amount of control over their situation. However, prior to obtaining a dissolution in Ohio, spouses must prepare and execute an Ohio separation agreement for dissolution, in which they set forth mutually agreed-upon terms regarding the ending of their marriage. This is essentially a legally binding agreement, in which they allocate all liabilities and assets. There are several key components that … Read More... “What is a Separation Agreement? Why is it Important in an Ohio Dissolution?”

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