My Divorce Timing – Should I File Now or Wait Until After the New Year?

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Covid-19 Pandemic Just One Of Many Factors That Lead To Divorce In 2020

divorce holidays

The timing of filing for a divorce can be a complicated decision. There are many factors to consider even in the normal Non-Covid times. But now there are even more factors to consider!

First off, in Ohio it is now too late to file a divorce or dissolution and get it finalized before the end of 2020. So, if that was your hope, you have missed that window of time.

I have been meeting with clients helping them formulate exit plans and discuss the timing options for filing their divorces. Here are some things to consider:

  1. Are You Safe?
     

    Needless to say, that the presence of domestic abuse is a huge factor to consider. If there is ongoing abuse, formulating an immediate ;escape plan’ should be a top priority. Figure out where you can move on a minute’s notice – perhaps temporarily stay with a family member, friend, co-worker, safe haven facility, or a church member? The existence of abuse may trump all the rest of the considerations mentioned below.

  2. COVID-19 Factors:
     

    Virtually everyone I meet with these days is grappling one way or another

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Blast From The Past: WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO?

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: This blog on the differences between dissolution and divorce in Ohio from April 21, 2018, is as meaningful today as it was when we originally posted several years ago. 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!

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

Ohio dissolution divorce differenceA dissolution and divorce in Ohio is different than 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 – by divorce or by dissolution.

Dissolution

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 … Read More... “Blast From The Past: WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO?”

Blast From The Past: What and How to Tell Your Children About Your Divorce

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: What is the best way to tell children about their parents divorcing? This is a frequent question I am asked. I can’t tell you how many times over the years that I have sent clients a link to this 2010 article from Connecticut Psychotherapist Donna F. Ferber. Surely sage advice for all times!

divorce children parents

One of the most difficult things you will ever have to do as a parent is tell your children that their parents are breaking up. It is important that you shift your focus from your loss to your children’s loss. Divorce is about the dissolution  of a husband-wife relationship. It marks a change  in the parent-child relationship. Staying aware of this difference will help you effectively support your children. In talking with your children, stay focused on their feelings about this experience. If you focus on the spousal relationship, your own feelings may get in the way of good parenting.

Here are some tips for explaining the divorce to your children:

  • If possible, both parents should be present. This illustrates to the children  that you will still be able to co-parent.
  • Tell them close to the time that one of the
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5 Tips for Smart Money Management and Creating a Good Credit Score During a Divorce

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How To Maintain a Good Credit Report During Divorce

Debt and Credit Issues Can Create Complicated And Stressful Times. How To Maintain A Good Credit Report During Divorce

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Folks going through a divorce have many things on their mind. It can be a very emotional and stressful time! At some point you will inevitably need to start looking carefully at your debt and financial situation. When you are at that point, here are 5 basic tips:

Deal with Your Debt – Don’t Ignore it!

  1. Request a Free Credit Report
     

    The first step you should do is order a credit report  from at least one of the three major credit reporting agencies (Equifax, Transunion and Experian). This will list debts attached to your name, both individually and jointly with your spouse.

     

    There are 3 major credit reporting agencies Equifax, Experian and Transunion.  You may want to order a report from one or all of them. You can also obtain one free credit report per year through annualcreditreport.com .  Your divorce lawyer will want a copy anyway. Once you receive it, take time to thoroughly study it. Make sure it appears accurate. Look for errors such as credit lines

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What To Do if You Think Your Spouse is Hiding or Wasting Marital Assets

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Your Marital Assets Could Be In Jeopardy if Your Spouse is Engaging in Financial Wrongdoing During a Divorce Action. Can The Ohio Courts Step In?

financial misconduct divorce marital assetsThe time leading up to a divorce and the actual divorce process can be quite bumpy and unpleasant. Oftentimes, the unknowns of divorce will lead to irrational thinking and bad behavior by one or both of the spouses. While some bad behavior is simply frowned upon, other forms of misconduct are actually illegal. For instance, if your spouse is intentionally scheming to hide or waste your marital assets in an attempt to interfere with your right to an equitable distribution during the divorce, you may have a claim of financial misconduct.

What is the law in Ohio behind financial misconduct in a divorce action?

Under Ohio law, “if a spouse has engaged in financial misconduct , including, but not limited to, the dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of assets, the court may compensate the offended spouse with a distributive award or with a greater award of marital property.” O.R.C. § 3105.171(E)(4). A spouse has committed financial misconduct if he or she has engaged in some kind of wrongdoing and he or she … Read More... “What To Do if You Think Your Spouse is Hiding or Wasting Marital Assets”

Blast From The Past: An Experienced Family Law Attorney – PRICELESS!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on August 22, 2008. Securing an experienced divorce lawyer (that you are comfortable with) is EXTREMELY important! If after your first consultation your gut tells you that you still have questions, keep interviewing other potential lawyers. You will recognize the “right” one when you meet him/her!

Why You Should Hire an Experienced Family Law Attorney

divorce family law attorneyGordon Gibb recently wrote an excellent article for lawyersandsettlements.com about the importance of hiring an experienced divorce lawyer. He lasers in on the topic with his opening sentences. “If there ever was a more important role for lawyers and litigation professionals, it is in family law. Corporate law, environmental law, even real estate law has nuthin’ on the complexities and the drama that explodes from divorce petitions, custody battles-even who gets to keep the family dog”. 

He concludes with “Experts suggest that if your relationship looks as though it is coming apart and you’re considering divorce, the best couple of hundred bucks you’ll ever spend is by sitting down with a reputable family law firm for a consultation. In an hour, the family attorneys can give … Read More... “Blast From The Past: An Experienced Family Law Attorney – PRICELESS!”

Do Divorce Courts Monitor the Final Divorce Decree to be Sure All Terms Have Been Completed?

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divorce estate planning insurance

The short answer is “no”. I had a client call today wondering if the Court gave her Ex a few months longer to refinance the marital residence and pay her off because of the COVID-19 situation. I explained to her that the Court does not review Divorce Decrees after filing to monitor compliance. That responsibility falls on each party. So, the Court would have no idea if the refinance had occurred or not. I told her that is her task to nudge her Ex about the refinance or to rehire me to send him a letter and take the necessary legal steps to file a Contempt action to get the refinance completed or the house listed for sale.

The Court Support Enforcement Agency will do recordkeeping on child and spousal support paid through it. In certain cases, they will help bring Contempt actions against delinquent obligors. Generally, each party needs to create a checklist of “to-do” items still remaining upon receiving their copy of the Final Judgment and Decree of Divorce.

POSSIBLE POST DECREE CHECKLIST ITEMS

Here is a partial list of items that may still need to be done after the Court has divorced you:

  1. Transfer vehicles and
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