Divorce Archives - Page 2 of 39 - Ohio Family Law Blog

Blast From The Past: Legal Separation in Ohio: What Does it Legally Mean?

PUBLISHERS 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!]

Ending 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?”

Blast From The Past: If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on March 3, 2023. 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!

Divorce Likely? The Dangers If You Do Not Have a Prenuptial Agreement or a Postnuptial agreement in Place

As a longtime Ohio divorce lawyer, reading the recent comments made by country music singer Kelsea Ballerini about her divorce from Morgan Evans caught my attention. Kelsea complained on a recent podcast that Morgan “took half the house he didn’t pay for” and other things as well. She was upset that Evans (also a country singer) wrote a song and was profiting about him being “blindsided” by their break-up. Click here to listen to his song about it titled “Over for You”. Kelsea’s comments got me thinking and I thought I would write this blog about property division and spousal support in Ohio.

IF I EARN MORE, I SHOULD GET MORE!

I remember back in the late 70’s and early 80’s, men going through divorces commonly expressing this opinion when we met to discuss a … Read More... “Blast From The Past: If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?”

What is a Separation Agreement? Why is it Important in an Ohio Dissolution?

Why an Ohio Separation Agreement for Dissolution is Crucial in Ending a Marriage

For many, ending a marriage is a time filled with uncertainty. Nearly all aspects of a family’s life will change, including their finances, child care and custody, and living situations. In Ohio, other than by an annulment, there are two ways to terminate marriages: by dissolution and by divorce. Divorces frequently require a significant amount of judicial intervention, which may not be preferable for spouses who are able to agree to terms of their separation without the need for a third party to make decisions for them. Dissolution is a more amicable alternative to divorce in which spouses both agree to ALL of the terms of their Ohio separation agreement for dissolution, terminating the marriage.

Dissolution is a process which allows the spouses to maintain a substantial amount of control over their situation. However, prior to obtaining a dissolution in Ohio, spouses must prepare and execute an Ohio separation agreement for dissolution, in which they set forth mutually agreed-upon terms regarding the ending of their marriage. This is essentially a legally binding agreement, in which they allocate all liabilities and assets. There are several key components that … Read More... “What is a Separation Agreement? Why is it Important in an Ohio Dissolution?”

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

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