Divorce Archives - Page 20 of 39 - Ohio Family Law Blog

Legal Separation in Ohio: What Does it Legally Mean?

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 custody when there are minor children involved. With a legal separation, unlike a divorce or dissolution, the marriage is still intact.

How do I get a legal separation?

A common misunderstanding is that individuals can simply declare they are separated and do not need to file anything in court when they wish to pursue a … Read More... “Legal Separation in Ohio: What Does it Legally Mean?”

Keep Your 2019 Calendar if You Might be Divorcing…

Can A Past Calendar Of Daily Events Make All The Difference In Divorce Cases?

Don’t Throw Away Calendar From The Past. Document Of Events Can Be Important In Divorce And Custody Issues

It’s a new year. Out with the old and in with the new! The New Year’s Eve party blowers and hats are put away and you are ready to start a fresh new year. Getting organized is a priority for many. If you are like me you have had your calendar for the upcoming year purchased in November and have been diligently recording doctors appointments as well as other upcoming events.

So, it just makes sense to throw away that calendar from the past year. But wait! If you are in the midst of a divorce, or even contemplating if that’s a road you are going to take, getting rid of the previous calendar is a huge mistake. After all it is basically a documented story of your and your family’s daily life.

In a divorce proceeding, especially if there may be custody issues, you will be asked to reproduce your children’s past events, such as health history, sports events, other activities they are involved in, as … Read More... “Keep Your 2019 Calendar if You Might be Divorcing…”

Postnuptial Agreements in Ohio – What is the Current Status?

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PUBLISHER’S NOTE:

Finally Ohio has joined 48 other states and is now permitting postnuptial agreements to be executed and recognized. This is extremely significant news for married couples in Ohio! Click the following blog articles about this law change. Also, please see our new Postnuptial Agreements help page by clicking here.

Will Ohio Allow Postnuptial Agreements And Amendments To Premarital Agreements? Proposed Changes Underway

Ohio has long recognized premarital agreements. A premarital agreement is a legal contract entered prior to marriage and in contemplation of marriage by two individuals to address the ownership and division of their property and property interests in the event of death or divorce. However, Ohio is in the minority in that Ohio has historically not allowed postnuptial agreements, which are agreements entered into between spouses after they are married. I wrote a blog article on postnuptial agreements on December 31, 2011. Click here to read it.

There are a couple of exceptions to this rule. Ohio Revised Code Section 3103.06 states that a husband and wife cannot, by any contract with … Read More... “Postnuptial Agreements in Ohio – What is the Current Status?”

Are You and Your Spouse Continually Fighting Over Money?

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Financial Counseling Could Save Your Marriage

Fighting Over Money Issues Can Lead To Divorce According To Studies. Is Financial Counseling The Answer?

Many couples tend to argue and fight over money and other financial issues. According to many studies, fighting over money issues is one of the top 3 reasons couples end up divorcing. Those arguments can be about a myriad of “money” issues including:

Spending and Savings habits
Whose money is Whose?
Who is in Control?
The Value of Budgeting
Past, Present and Future Debts

Financial Counseling To The Rescue?

As a lawyer primarily focusing on divorce work for over 40 years, I can tell you that I see the “marriage casualties” everyday which excessive debt accumulation and living over one’s means can cause. Research from TD Ameritrade shows that people would rather discuss sex, politics (and about everything else), before money and financial issues. Even when the couples have gone through pre-marriage counseling, money issues can swamp the parties often causing divorce. So, what do you do if you find yourself in this situation?

Recently, I have noticed a fairly new trend to offer folks financial therapy or counseling. Have you heard of the Financial Therapy Association (FTA)? … Read More... “Are You and Your Spouse Continually Fighting Over Money?”

Blast From The Past: New Year’s Eve: Single not Sad

PUBLISHER’S UPDATE: Congratulations! We have all made it through Christmas and now New Year’s Eve is just a few days away. I have been considering what to post this week that was timely and relevant. I remembered the great piece we posted 9 years ago that Donna Ferber had written for her first book, From Ex-Wife to Exceptional Life: A Woman’s Journey through Divorce. I received a lot of compliments about it then. I reread it and loved it as much now as I did the first time. Her sage advice warrants a repost, so here it is.

Tips On How To Make New Year’s Eve A New Beginning After Divorce

Many of us actually prefer to stay home on New Year’s Eve or spend the night with friends rather than get all dressed up to trudge through snowy, icy weather, only to eat and drink too much! Yet, the fantasy of this night still seems to hold many captive. The notion of “being alone” on New Year’s Eve makes an otherwise strong, capable, independent adult feel like a gawky 13-year-old wallflower! How is it that one can be spending New Year’s Eve with friends, family, and children, but … Read More... “Blast From The Past: New Year’s Eve: Single not Sad”

Tips on Planning a Vacation with the Kids Post-Divorce

Tricks And Tips To Make Vacation Time With The Kids Fun Post-Divorce

The ink is dry on the papers, and you are officially divorced! Time to take a vacation with the kids, but this is your first time traveling solo with the kids. It can be a little intimidating, but it doesn’t need to be. There are tricks and tips to make sure it is a fun and memorable time for all.

If you are leery of going it alone with the kids, consider asking another adult to accompany you. Perhaps a grandparent or aunt or uncle might be happy to go along. They might be happy to spend some time with your children, perhaps giving you a respite to enjoy a shopping trip or perhaps a museum or something which might not appeal to your kids.

Destination For A Vacation

As they say in real estate, location, location, location. The same applies to picking a destination for a vacation. You need to select a destination according to the ages of your children. Smaller children tend to enjoy staying in one place and are content to play in the sand. So booking a condo or hotel at … Read More... “Tips on Planning a Vacation with the Kids Post-Divorce”

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

filing of the divorce complaint retraining orders

Why should I file first in a Divorce Complaint? Here are the reasons.

Several Strategic Reasons Why Filing Of The Divorce Complaint FIRST, 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.

DIVORCE COMPLAINT FILINGS IN OHIO:

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

To file for divorce in Ohio, you or your spouse has to have been a resident of the state of Ohio for no less than six months and of the county of filing for 90 days. If you submit your petition first, you can file either in the county where you live or the county where your spouse lives. While Ohio law of course applies to all divorce courts in the State, courts vary … Read More... “Are There Advantages to Filing First for a Divorce in Ohio?”

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