Blast From The Past: Why Selecting One Court Over Another Could Be Important In Your Dissolution

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: Here is one of my favorites posts about dissolution of marriage and residency requirements in Ohio, from June 4th, 2011! 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!

Are There Residency Requirements To File A Dissolution Of Marriage In The State Of Ohio?

dissolution marriageIn order to terminate a marriage in the State of Ohio via a divorce proceeding, the party seeking to terminate the marriage must meet certain requirements as to residence of the parties.  By law, if a party is seeking a divorce from the other party in Ohio, one of the parties must have been a resident of the State of Ohio for more than six (6) months and a resident of a particular County for more than ninety (90) days preceding the filing of the Complaint for Divorce.

By contrast, if the parties in a marriage seek to terminate their marriage by a dissolution proceeding, one of the parties must have been a resident of the State of Ohio for more than six (6) months before filing their Petition for Dissolution of Marriage.  By statute, Ohio … Read More... “Blast From The Past: Why Selecting One Court Over Another Could Be Important In Your Dissolution”

[NEW STUDY] The Correlation between Social Interaction and Happiness

divorce study

New Data Confirms Findings From 2010 Social Interations Study

social interactions happinessA prominent 2010 study involving the correlation between social interactions and happiness done by Matthias Mehl, Simine Vazire, Shannon Holleran, and Shelby Clark has recently been updated and redone. These same individuals repeated this social interactions study with a broader group of participants including cancer patients, healthy folks  as well as with people who were recently divorced. The results were published in the September 2018 issue of Psychological Science

We are all social creatures. Interaction with others is generally necessary in our society. These 2 studies investigated these engagements with others as well as what kinds of social interactions make people happy. Is having superficial relationships or casual conversations enough to positively move the “happiness meter”?  Is it enough just to be around others and to have casual conversations? Or, is it important to be engaged in deep and meaningful conversations? Did only the “extraverts” react positively to the social interaction?

The Connection Between Social Interaction And Happiness Confirmed

The researchers factored personality measures into this study. Somewhat surprisingly, the results between the “extraverts” and the “introverts” didn’t vary. All participants generally reacted similarly: the greater the interaction the greater the … Read More... “[NEW STUDY] The Correlation between Social Interaction and Happiness”

Commissions and Ohio Child Support – A New Ohio Supreme Court Decision

Alert Key Legal Update

Ohio Supreme Court Rules One-Time Commisions To Be Excluded In Gross Income Calculation Of Child Support

child support gross income supreme courtUnder the new Supreme Court Decision, A.S. v. J.W., 2019-Ohio-2473, which was decided on June 25, 2019, commissions that are one time award are not to be included when calculating gross income for child support calculations.

When child support is calculated for a divorce settlement, the court bases the amount on the a number of things, including the gross income of each parent. Gross income, according to the statute (O.R.C. 3119.05(D)) includes the yearly average of pay, plus the average of any bonuses or overtime earned. The Court then can either average those totals from the past three years, or use the most recent year’s information.

The issue that the Court grappled with was to whether commissions are to be included in the calculation of ‘bonuses or overtime’ earned. In part of the statute, it is included in the list, and not included in another part of the statute. This leads to what us lawyer types call ‘confusion’.

To sort through the statute, the Supreme Court looked at the specific case before them. In this case, Mother had primary custody and sought a … Read More... “Commissions and Ohio Child Support – A New Ohio Supreme Court Decision”

Three Costly Mistakes to Avoid in Your Divorce!

divorce lawyer avoid mistakes

Listening To Advice From Friends And Relatives Not Always Wise In Divorce. Choose The Right Divorce Lawyer For Your Case!

divorce lawyer mistakes

No one expected that they would later be involved in a divorce when they married. But unfortunately, not all marriages are “forever”.  Clients facing a divorce generally want it to be fair, drama free, inexpensive and quick.

As a Dayton, Ohio, family law lawyer for 40 years, I have lots of experience helping people in all kinds of divorce situations from relatively simple cases to complex high conflict cases. Here are some tips based on the experience that I have gained.

What are the 3 Top Costly Mistakes to Avoid in a Divorce?

  1. Choosing the right attorney
  2. Ignoring the divorce complaint
  3. Listening to advice from friends and relatives

Choosing the Right Attorney

Divorce law is an extremely complicated practice area. I can’t emphasize enough how important it is to find an experienced divorce lawyer that you have interviewed and to whom you can relate. Interview several. Take the time to get recommendations from family and friends who have gone through a divorce in your area.  Read online reviews. Not all attorneys are the same. Avoid at all costs the “generalist” … Read More... “Three Costly Mistakes to Avoid in Your Divorce!”

Same Sex Couples Count for the 2020 Census

same sex couples census

Same Sex Couples To Be Tracked In 2020 United States Census

same sex couples censusAs of 2020, same sex couples will be officially tracked by the United States Census. For the record, same-sex marriage is legal in 19 states and in the District of Columbia. North Dakota has banned it. According to a Pew Research Report, this is the first time the United States Census Bureau will ask specifically for same-sex couples to identify themselves. Other questions on the form include age, sex, Hispanic origin, race, relationship status, homeownership status, and citizenship.

Rather than the usual under-representation faced by the LGBTQ+ community, same sex couples have apparently been over-counted by the Census Bureau. In past counts, the Bureau established the number of same sex couples by combining answers from the question regarding the respondent’s sex, and the question as to whether they had a husband, wife, unmarried partner, or no partner. The Census Bureau then combined those answers and determined whether a couple was considered same-sex or not. However, research into the 2010 census showed that the majority of same sex couples in the 2010 census were recorded as opposite sex couples in Social Security files. Additionally, 2020 will avoid a miscount by … Read More... “Same Sex Couples Count for the 2020 Census”

Blast From The Past: Lingo You Might Not Know From the Divorce World

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: This “Blast from the Past” was originally posted on the Ohio Family Law Blog on August 15, 2008. I have updated it to add 9 new terms. This glossary is not a substitute for talking with your divorce lawyer about any of these divorce terms and the implications with your case.

What’s A Deposition? Common Divorce Terms [And Their Definitions]

divorce terms

If you find yourself involved in a divorce, custody case or other family law litigation you may run across some unfamiliar divorce terms. Here are some common ones with a short basic definition:

  • AFFIDAVIT – Information provided under oath.  Often times pertaining to current finances, debts and assets.
  • CORROBORATING WITNESS – In a non-contested divorce proceeding in Ohio, you will need to bring a corroborating witness for the final non-contested hearing. That witness will have a narrow role to briefly corroborate the facts surrounding the grounds for your divorce.
  • BAILIFF – The judge’s assistant who helps with the court docket and often oversees the decorum in the courtroom.
  • CONTEMPT – An action requesting the court to punish a person for violating a prior Court order.
  • CONTINUANCE – A delay or postponement of a scheduled court appearance.
… Read More... “Blast From The Past: Lingo You Might Not Know From the Divorce World”

Tips on Dealing with Your Divorce Lawyer [And Why it Matters]

divorce attorney outcome best

How To Get The Best Outcome From Your Divorce Lawyer

divorce lawyer best outcome

So, you have selected your divorce lawyer. Here are some tips for how to deal with him/her to hopefully achieve the best outcome possible.

  1. Be Candid and Honest – Don’t ever leave your divorce lawyer in the dark. Try to be completely open about all the relevant facts whether they are good or bad. Disclose all assets and debts. Don’t try to hide assets. Honestly complete the required Financial Disclosure Affidavit. [Here is a link to an article about the importance of properly completing your financial affidavit.] If in doubt about anything bring it up to your lawyer! Remember that all conversations with your lawyer are confidential.
  2. Actively Participate with your Divorce Lawyer – Fully cooperate with your divorce attorney and the paralegal(s). Become part of your team. Help him/her by providing requested documents and information as timely as possible. Your fees will rise if the lawyer has to repeatedly remind you to provide information. Don’t wait to the last minute either. You want your lawyer to have plenty of time to review it all and discuss with you any questions. Remember that how you communicate with your lawyer
… Read More... “Tips on Dealing with Your Divorce Lawyer [And Why it Matters]”
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