Divorce Archives - Page 18 of 40 - Ohio Family Law Blog

How Ohio Divorce Courts Handle Retirement Account Division

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Retirement Account Division In Ohio Divorce Court

Will I Keep My Retirement Account Savings And Benefits If I Divorce My Spouse?

Going through a divorce can be complicated and stressful. Common sense thinking oftentimes does not mesh with Ohio divorce laws. Division of retirement accounts may fall into that category.

Some people mistakenly think that retirement savings are separate property in a divorce. If they are the owner of an employer-sponsored pension plan or in investment accounts like 401(k)s, they may believe that since they earned the benefit that they get to keep it even in a divorce. That is likely WRONG. If any was earned during the marriage, that portion is “marital property” and subject to the Court’s equitable division just like a joint bank account. In other words, just because you earned the retirement benefit, you do not get to keep it in a divorce . Any amounts accrued during your marriage will belong to both spouses.

How Will the Division of Retirement Benefits Alter Your Retirement Plans?

The Supreme Court of Ohio has held that all retirement benefits that were earned during the marriage are part of the “divorce estate”. It doesn’t matter what kind of … Read More... “How Ohio Divorce Courts Handle Retirement Account Division”

Has the US Divorce Rate Dropped to an All Time Low?

Divorce Rate In The US Continues To Drop Amidst Covid Pandemic

The American Community Survey data released from the census Bureau recently revealed that the divorce rate in the USA has hit a record low. According to the data, 14.9 out of every 1000 marriages ended in divorce which is the lowest rate in 50 years. It is projected, that even though we are in the midst of the pandemic, the drop of divorces is likely to continue. Lower divorce rates translate to longer marriages. The new Census Data, reports that the average marriage length has increased almost one year in the recent decade. In 2010 the mediation duration was 19 years, and the length has increased to 19.8 years in 2019.

Journalists have speculated that there is a rise in divorce as a result of the pandemic, and there have been many headlines declaring it true. However according to Brad Wilcox, a University of Virginia sociology professor and the director of the National Marriage Project at the university, this is simply not true. He was recently interviewed by UVA Today. Wilcox believes that the pandemic may have given spouses a new appreciation for their spouse. It has … Read More... “Has the US Divorce Rate Dropped to an All Time Low?”

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

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

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:

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.
COVID-19 Factors:

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

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

A 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

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!

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

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

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!

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

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?

The 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”

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