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?”

Ignoring Parenting Time Orders Can Result in a Change in Custody!

steele case court ordered custody

Battle Between Parents in Steele Case Results in Custody Change in Favor of Father

steele case court ordered custodyThe Steele case  is the conclusion of a hasty custody battle between Charles Steele and Bobbi Malocu (fka Steele). When two parents get a divorce, the court will either have the parents agree on a custody plan or will order a custody plan to be followed. When the court ordered custody and visitation agreements are violated, it can be a revolving door of one parent complaining of the violation, the court ordering the compliance of the plan, and then the other parent failing to comply. The court would give continuous orders and admonishments for compliance, and nothing would change until there was a significant change in circumstance to warrant a custody modification.

The Steele case changed that precedent when the Court changing custody due to constant non-compliance of the court ordered custody agreement. Therefore, the Steele case is an example of what could happen when a custodial parent interferes with the non-custodial parent’s parenting time by ignoring court orders. This decision was rendered on October 15, 2021, by the Second Appellate District (Montgomery County, Ohio).

FACTS OF THE RECENT STEELE V. STEELE CASE:

Charles … Read More... “Ignoring Parenting Time Orders Can Result in a Change in Custody!”

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

temporary orders ohio civil rule 75

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

temporary orders ohio civil rule 75

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 can be enforced. A motion for contempt can be filed for willful violations of these Court Orders.

WHAT DO TEMPORARY ORDERS USUALLY COVER?

Temporary Orders typically regulate:

  1. Temporary Custody/Parenting Time (See ORC 3109.43 and Civil Rule 75 (N);
  2. Temporary Spousal Support (ORC 3105.18) and Temporary Child Support (Rule 75 (N));
  3. Payments of debts (ORC 3105.18); and
  4. Attorney Fees.

In addition, they may deal with Guardian Ad Litem fees, expert witness … Read More... “What is the Purpose of Temporary Orders in an Ohio Divorce?”

The First Amendment and the Digital Age: Can the Court stop you from posting online? The Ohio Supreme Court Addresses this Question

cspo civil stalking protection order first amendment social media

Civil Stalking Protection Order (CSPO) Ruling In Ohio!

Ohio Supreme Court Rules on Civil Stalking Protection Order (CSPO) Usage, and Social Media First Amendment Rights

cspo civil stalking protection order first amendment social mediaSocial media sites have become important platforms for exercising free speech rights protected under the First Amendment of the U.S. Constitution. Despite overall agreement as to the importance of such platforms, there is debate over the extent to which such speech can be restricted. One side argues that there are not enough measures in place to protect against violent or false content, while the other argues that such measures could unfairly restrict potentially valuable content.

On June 16, 2020, the Ohio Supreme Court spoke on this controversy in its decision, Bey v. Rasawehr, Slip Opinion No. 2020-Ohio-3301, where the Court held that a civil stalking protection order (CSPO) restricting future postings imposed an unconstitutional prior restraint on protected speech. Click here to read the opinion.

What happened in the case?

Following the deaths of his father and brother-in-law, appellant Jeffrey Rasawehr began posting on social media sites as well as local news sites that his mother and sister contributed to the deaths of their respective husbands. A billboard located near his sister’s house contained … Read More... “The First Amendment and the Digital Age: Can the Court stop you from posting online? The Ohio Supreme Court Addresses this Question”

Increase in Domestic Violence Filings in Montgomery County in 2019

domestic violence civil protection order montgomery county

Call The Police First When Facing Domestic Violence Issues?

domestic violence civil protection order montgomery countyIn the last 4 years in Montgomery County the Montgomery County Domestic Relations Court has cited that they have seen a 40 percent increase in the number of civil protection orders. Anyone, man or woman, can go to court and ask for a civil protection order  from another individual, if they feel threatened or endangered by that individual. There is not a fee involved to file the order, and the person filing can get a hearing immediately. The purpose of the order is to forbid the threatening party from contacting or going near the individual who feels endangered.

Of course there is no guarantee that the civil protection order will keep an individual safe from further harassment or even violence. The Montgomery County Relations Court  is finding that issuing protection orders is consuming greater than half of the entire caseload.  Chief Judge Denise Cross believes that in many cases the protection order serves it’s purpose and as a result the abuser does leave the victim alone. Judge Cross says that the first step for anyone who feels concerned for their safety is to call the police for help, and then go … Read More... “Increase in Domestic Violence Filings in Montgomery County in 2019”

Legal Separation in Ohio: What Does it Legally Mean?

legal separation divorce court order

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 custody when there are minor children involved. With a legal separation, unlike a divorce or dissolution, the marriage is still intact.

How do I get a legal separation?

A common misunderstanding is that individuals can simply declare they are separated and do not need to file anything in court when they wish to pursue a … Read More... “Legal Separation in Ohio: What Does it Legally Mean?”

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