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Are There Advantages in Ohio to Filing First for a Divorce?

filing of the divorce complaint retraining orders

Why should I file first in a Divorce Complaint? Here are the key advantages of filing first for divorce in Ohio.

PUBLISHERS UPDATE: Here is one of my favorites posts from back on December 16th, 2019! 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!

Several Strategic Reasons Why Filing of the Divorce Complaint First in Ohio Makes Prudent Sense

Unfortunately, you have concluded that your marriage needs to come to an end. Now it is time to put on your “business hat” and plan how to accomplish that result. When feasible, a dissolution proceeding is the best vehicle to accomplish the termination of an Ohio marriage. However that approach takes a full agreement in advance of filing by both parties on ALL issues and obviously cooperation. Let’s discuss how to proceed if that isn’t in the cards.

Advantages of Filing First for Divorce in Ohio: Divorce Complaint Filings:

There are some reasons to consider being the first to file the complaint for divorce in Ohio.

To file for divorce in … Read More... “Are There Advantages in Ohio to Filing First for a Divorce?”

Understanding Jurisdiction for a Divorce in Ohio

Understanding Ohio Divorce Jurisdiction Requirements and Divorce Basics

Understanding the legal context in which a divorce takes place is crucial for people going through this process. An important piece of this context is jurisdiction – the authority of a court to hear and decide a case. Each state has specific rules that govern which courts have the authority to hear cases involving divorce, dissolution, spousal support, child support, and child custody. In Ohio, residency is a key factor in determining Ohio divorce jurisdiction requirements.

Ohio Divorce Jurisdiction Requirements and Residency Rules in Ohio

To file for divorce in Ohio, at least one spouse must meet the Ohio divorce jurisdiction requirements. One or both of the spouses must have lived in Ohio for at least six months prior to filing for divorce. Additionally, one or both of the spouses must have lived in the county where they file for divorce for at least 90 days prior to filing. Click here to read Ohio Rule of Civil Procedure 3(C)(9). Filing in the right county ensures that the legal proceedings are conducted properly and efficiently under Ohio divorce jurisdiction requirements.

What If I Haven’t Lived in Ohio for Six Months?

As indicated above, … Read More... “Understanding Jurisdiction for a Divorce in Ohio”

Blast From The Past: Divorce: The Important Role Schools Can Play for Your Kids

PUBLISHERS UPDATE: Here is one of my favorites Divorce posts from back on March 16th, 2019! The advice rings as true now as it did thenWe 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!

School Can Be Safe Place For Children Going Through Divorce Or Separation

When a couple divorces, the children are obviously affected by the change in living circumstances. All children react differently. Some may experience severe emotional responses. Others may be somewhat relieved as there is not that constant tension between their parents. In all cases however, there will a period of adjustment. Your child’s emotional and social well-being are at stake and how they are able to cope can have an impact on their learning. Parents should not overlook their children’s teachers and how the school can help make the transition and adjustment easier. Often when going through a divorce parents are overwhelmed and stressed and providing the support for their children without any help can be difficult.

During a separation and a divorce it is good to maintain as normal of a routine at home, but … Read More... “Blast From The Past: Divorce: The Important Role Schools Can Play for Your Kids”

Blast From The Past: How to Tell Your Children About Your Filing for Divorce

PUBLISHERS UPDATE: Here is one of my favorites posts on how to tell your children about your filing for divorce, from back on October 15th, 2022! 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!

Filing For Divorce? Break The News To Your Children With These Recommendations

Having been a divorce lawyer for over 40 years, I am asked this question frequently. I always appreciate the question. It shows appropriate concern and insight about the importance of handling this matter correctly.

My advice is to spend time reading materials from counselors and psychologists on the subject more qualified to address it. There are a ton of resources available online or books on the topic. Planning ahead is important – don’t just drop this “bomb” in an off-hand nonthought-out manner.

Here are some suggestions the professionals often recommend:

Both Parents Tell the Kids Together

While this may not be possible in many situations, it certainly is usually the best approach if you and your spouse can present a civil “united front”. That will hopefully show your children that both parents will continue to

Steps to Take to Financially Prepare for a Divorce

It goes without saying, divorce is an extremely difficult and emotional journey. It can be overwhelming and it will most likely affect and change many aspects of life including finances. Financial preparation for divorce is crucial in order to move forward in your divorce. Separating finances with two spouses can be messy. In order to do so, each partner needs to prepare in order to ensure security and stability both during the divorce proceedings and after the divorce is finalized.

There are certainly things both parties can do to financially prepare for divorce. Here are some tips for those going through this sticky situation.

Gathering Financial Documents

One of the first steps to do is to gather all financial documents, including tax returns, all accounts including savings, checking and investment accounts, pay stubs, property records (home, land, vehicles) credit card statements, debts, and any retirement account statements such as 4014K plans, IRA’s, or pensions.

This is important for each party to fully understand what they own as individual accounts as well as accounts held together. This is most definitely a daunting and time-consuming task; however it is very important in order to entangle financial ties. In addition, all this information … Read More... “Steps to Take to Financially Prepare for a Divorce”

On the Fence About Divorcing or Staying Married? Discernment Counseling Might be Your Answer

Discernment counseling for couples considering divorce provides clarity and guidance on whether to end the marriage or work on reconciliation.

Understanding Discernment Counseling for Couples Considering Divorce

When a couple is having marital problems, counseling is often one of the first steps they take. However, if you are one of those couples with a “mixed agenda”, meaning one partner is leaning towards wanting a divorce while the other is wishing to stay married, then discernment counseling might be a route to try. For those not familiar with it, discernment counseling is a type of couples therapy for those who need guidance to see whether or not to terminate the marriage.

It is designed to help a couple examine their options and help them to figure out the best path to continue, whether it be it separation, reconciliation, or a divorce. It helps a couple to develop both clarity and perspective about whether divorce is right before actually going down that road.

Dr. William Doherty, a professor of Family Social Science at the University of Minnesota, pioneered the discernment counseling model in 2008. He worked closely with a group of divorce lawyers and a family court judge to better understand the … Read More... “On the Fence About Divorcing or Staying Married? Discernment Counseling Might be Your Answer”

The Ohio Supreme Court Clarifies What a Divorce Court Must Find for a Party to be Found to Be Voluntarily Unemployed for Support Purposes

Practical Advice for Parents Post-Ohio Supreme Court Ayers v Ayers Child Support Decision

What Legal Professionals Need to Know About the Ohio Supreme Court Ayers v. Ayers Child Support Decision

On May 15, 2024, the Ohio Supreme Court Ayers v. Ayers child support decision reversed the judgment of the Sixth Circuit Court of Appeals and remanded the issue to the trial court. The issue on appeal in the Ohio Supreme Court Ayers v. Ayers child support decision was whether the Court must infer that the domestic-relations court made a proper determination of a parent’s voluntary unemployment when it was silent in its decision on that issue, but nonetheless imputed potential income to a parent for the computation of child support.

It is rare that the Supreme Court of Ohio decides cases pertaining to matters of divorce and child support, making the importance of this decision noteworthy in the realm of Ohio Family Law.

Prior Requirements of Ohio Appellate Districts:

There are 12 appellate districts in Ohio. These districts have historically varied as to whether they require domestic relations courts to expressly include a finding of voluntary unemployment to impute income to that person when calculating child support in a divorce. … Read More... “The Ohio Supreme Court Clarifies What a Divorce Court Must Find for a Party to be Found to Be Voluntarily Unemployed for Support Purposes”

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