Divorce Archives - Ohio Family Law Blog

Name Change Restoration Process after a Divorce in Ohio

Reclaim Your Identity: The Ultimate Guide to Name Change After Divorce in Ohio!

If you are a woman going through a name change after divorce in Ohio,, you may be thinking about reverting to your birth name, also referred to as your maiden name. Or perhaps you want to assume another former name such as from a previous marriage. Once you are divorced, it is not an automatic change. Also for men going through a divorce, even if you would like your ex-spouse or soon to be ex, to forgo your surname, this is not a change you can request the Court to do. It is the wife’s decision.

If a woman wishes to revert to a different surname, then it should ideally be done at the time of the final hearing. Under the Ohio Revised Code, Section 3105.16 the Court has the authority to restore a former name if that is your request. It is simple to complete by filing a Restoration of Former Name Entry then (or some Court’s allow a 30 day window to file this entry).

Once the divorce is final, and if you then decide that you want to change your name, you can still … Read More... “Name Change Restoration Process after a Divorce in Ohio”

What is the Ohio “Parents’ Bill of Rights,” and How Should Divorcing Parents Prepare for It?

Ohio Parents’ Bill of Rights and Divorce: What Separating Parents Need to Know

Governor Mike DeWine signed Ohio House Bill 8 into law, also known as the Ohio Parents’ Bill of Rights, which has implications for divorce and co-parenting. Bill 8 requires public schools to establish policies on parental notification on student health and well-being, Instructional materials with sexuality content, and policies for released time courses in religious instruction. The law goes into effect on April 9, 2025, but the school districts will have until July1, 2025, to implement these policies. Click hereto read the new law.

The schools will have to defer to parents in decisions concerning their child’s upbringing. Access to educational and health records shall be available to parents, and the school will notify parents of any change in health aspects of the child’s life including the student’s gender identity, school officials are not allowed to encourage a child to withhold this information from parents. Parents will also be provided the opportunity to review any “sexuality content” before instruction and given the ability to withdraw student from that lesson, Kindergarten through 3rd grade shall prohibit any sexuality content. Finally, the schools will adopt a religious release … Read More... “What is the Ohio “Parents’ Bill of Rights,” and How Should Divorcing Parents Prepare for It?”

Did You Know: Your Credit Score Could Drop During Divorce?

How to Protect Your Credit Score and Divorce-Proof Your Finances

If you are going through a divorce, most likely there are lots of things on your to do list, and lots of details to attend to. One of which is to protect your credit score during divorce. Understanding the link between your credit score and divorce can help prevent financial pitfalls. According to a survey conducted by Debt.com, 48% of respondents saw their credit score drop after separating from their partner, often linked to financial strain and changing household incomes. Going from a two-income household to a single-income household can cause a significant change in your financial situation, and this effect may be seen in many unexpected ways.

Especially in recent years, where we have seen inflation and rising interest rates result in significant economic pressures, it is increasingly difficult to manage debt and credit during a divorce. In 2023, credit card interest rates rose to record highs, which might make it harder to keep up with debt payments and maintain a high credit score.

Run Your Credit Report

The first thing you want to do is to run your credit report. You may not like what you see, … Read More... “Did You Know: Your Credit Score Could Drop During Divorce?”

Is a Dissolution or Divorce Proceeding a Better Approach?

Marriages In Ohio Can Be Ended In One Of Two Ways, Dissolution Or By Divorce

Dissolution vs Divorce in Ohio is different from most states. In most states, those terms can be used synonymously, but they are alternate proceedings with different statutory regulations in Ohio. Marriages in Ohio can be ended in one of two ways – through Dissolution vs Divorce in Ohio, which have distinct legal processes.

Dissolution in Ohio – Key Aspects of Dissolution vs Divorce in Ohio

A dissolution proceeding is the quickest and easiest of the two methods to terminate your marriage, but in order to proceed with a dissolution there are certain considerations that must be met. Primarily, there must be a total and full agreement signed by both parties as to ALL terms of the dissolution. This means that both parties have to have a full agreement on all issues, including alimony, custody, child support, division of assets, debt allocation, division of household goods and furnishings, etc. There is no subpoena power available, which means both parties must exchange all financial information voluntarily.

If such an agreement cannot be reached on ANY issue, then a dissolution proceeding is not appropriate. In addition, restraining orders … Read More... “Is a Dissolution or Divorce Proceeding a Better Approach?”

Dissolution: Out with the Old, in with the New? Understanding the Ohio Dissolution Process

Is Your Marriage Over and are you Thinking about a Divorce? Important Information About Ohio Dissolution Proceedings

Understanding the Ohio Dissolution Process and Its Benefits

Do you and your spouse BOTH recognize that your marriage is emotionally and all but officially over? Have you been procrastinating moving forward with dissolution and terminating your marriage? If so, understanding the Ohio dissolution process is crucial. Not a pleasant decision, but sometimes a necessary one.

Ohio Law permits the filing of both divorce and dissolution actions. Before filing you really should know the basic differences. The primary distinction between divorce and dissolution is the amicable nature with fully agreed upon terms in a dissolution proceeding. In dissolution, both parties must agree to every aspect and term in the final agreement, down to the last penny and detail. Various pleadings are prepared and signed by both parties and submitted to the Court for approval.

To be clear, the FULL agreement must be negotiated and executed before filing. No Restraining Orders are available in an Ohio dissolution. The parties request in these papers that their marriage be terminated based upon there being “irreconcilable differences” between them. Ohio Law states that a hearing for dissolution must … Read More... “Dissolution: Out with the Old, in with the New? Understanding the Ohio Dissolution Process”

Did You Know? You Can Convert Divorce to Dissolution in Ohio!

How to Easily Convert Divorce to Dissolution in Ohio

It is a common misconception that the only way to end a marriage is through a divorce; however, Ohio allows dissolutions as well as divorce. You can easily convert divorce to dissolution in Ohio. A dissolution differs in that it is a mutual agreement agreed to by both spouses. The key to any dissolution is that both parties need to agree on EVERY issue before being able to terminate the marriage via a dissolution proceeding.

Ohio Revised Code Section 3105.08 allows spouses to convert a divorce to a dissolution at any point before the final judgment. It only requires the filing of a motion and no additional costs to convert a divorce into a dissolution. The motion will require an attached petition for dissolution signed by both parties that follows the rules of section 3105.63 of the Revised Code. Section 3105.63 mainly explains the requirements for a fully agreed-upon separation agreement.

POSITIVE ASPECTS OF CONVERTING A DIVORCE TO A DISSOLUTION

There are many positive aspects of “uncoupling” folks in a marriage via a dissolution proceeding versus a divorce action. Some of the positives of a dissolution include:

All contested issues have

Uncoupling: A Modern Approach to a Simpler Divorce

What is Alternative Dispute Resolution Divorce?

For many people, divorce is a scary and unprecedented experience that will result in changes to nearly every aspect of one’s personal life. Thinking about the long legal process that accompanies a divorce only makes it feel more intimidating. However, this does not have to be the case. Through the utilization of alternative dispute resolution (ADR) divorce methods, couples can simplify their divorces and maintain a large amount of autonomy and control over not only the end of their marriage, as well as the start of the new chapter of their lives.

Using ADR avoids a lengthy legal process. Instead of putting your case in front of a court and allowing a judge to decide its outcome, you will instead get to agree to your own future through the help of a neutral third party, or “mediator.” This mediator is a neutral third party whose only goal is to elicit cooperation between spouses. Mediators help to maintain a calm and casual environment for you and your spouse to discuss the terms of your divorce, while facilitating open communication between both parties to reach common ground and ultimately unanimous agreements.

Benefits of Alternative Dispute

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