Divorce Archives - Page 20 of 40 - Ohio Family Law Blog

My Ex Won’t Let Me Have My Kids Because of the Coronavirus. What Can I do?

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Is Parental Time Affected By The Coronavirus Essential Travel Order In Ohio?

I have been practicing family law and divorce in Ohio for over 40 years. Coronavirus is a novel situation, but I will do my best to share some insights into this topic. The COVID-19 situation is a very fluid situation. In addition, each case and the analysis would be dependent on the facts of the specific case as well as the Court and Judge.

Pursuant to both of the Ohio’s Stay at Home Orders, travel has been reduced to only essential travel. Under these Orders, essential travel is defined based on specified travel purpose, including “travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.” Individuals falling under any of the essential travel purposes must still “comply with all Social Distancing Requirements.” (See, Section 12 (e) of the Ohio Order of April 2, 2020). So, to be clear, Court Ordered parenting time is NOT altered by the shelter-in-place Orders.

Although many Courts are presently working with limited staff, that is not the case in the Montgomery County, Ohio Domestic Relations Court. Many motions have been filed dealing with … Read More... “My Ex Won’t Let Me Have My Kids Because of the Coronavirus. What Can I do?”

Parenting Issues and Tips in the Age of the Coronavirus (COVID-19)

How Does The Coronavirus (COVID-19) Affect Divorce And Domestic Relations In Ohio Courts?

Ohio is under a state of emergency declared by Governor DeWine. Life will be very different for all of us for the foreseeable future. The ramifications of the viral nightmare are significant and changing by the hour. Not only do we need to practice social distancing but schools are closed – jobs and business are changing and many being lost.

While not trying to be glum, there are huge consequences for divorced individuals with shared parenting or other parenting schedules. In addition, divorce courts now generally have skeleton staffing in place and are only holding only emergency type hearings/trials such as on Domestic Protection Order matters. Further, there is really no caselaw or precedent that Judges and lawyers can cite that is instructive as to how Court’s will likely deal with Coronavirus related parenting disputes.

3 PARENTING TIPS DURING THE CORONAVIRUS PANDEMIC:

Communicate More with Your Ex-Spouse: No matter how cordial your communications have been with your Ex, now is the time that you BOTH need to improve them and minimize any squabbling. Remember that the most important priority is focusing on maintaining your health and

Tips for Divorce Lawyers Dealing with Grey Divorce Matters

Grey Divorce Matters

How Should Divorce Lawyers Tackle Grey Divorce?

More and more couples over age 50 are divorcing these days. Today about one in four people are going through “grey divorces.” I have witnessed this trend expand exponentially over the last 30 plus years.

Assisting divorce clients who are over 50 has some unique challenges. It seems that in the majority of these cases one spouse perceives the divorce request as coming out of “left field”. Most are long term marriages and most often it is the wife who decides she wants out. I have written about this topic previously. Click here to read a blog article I wrote in 2010 with psychotherapist Donna Ferber LPC. LADC, “Sudden Divorce Syndrome: Reality or Myth?” This 9-year-old post is worth rereading today because it sheds light on some of the challenges individuals over age 50 face post-divorce.

Divorce can certainly be difficult for individuals of any age. However, it can be especially paralyzing to those divorcing in later life. An interesting study abstract has been published in June 2019 in The Journal of Health and Social Behavior titled “Depressive Symptoms Following Later-Life Marital Dissolution and Subsequent Repartnering.” Click here to access … Read More... “Tips for Divorce Lawyers Dealing with Grey Divorce Matters”

Blast From The Past: FOMO: Does it Impact Decisions to File for Divorce?

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: Here is another great post about the role FOMO (Fear of Missing Out) plays out in daily and family life It is written by Donna F. Ferber from back on February 28th, 2015! Donna is a psychotherapist in private practice for 30 years in Farmington, Connecticut. She is a licensed professional counselor, a licensed alcohol and drug abuse counselor and an educator. In her private practice, Donna specializes in issues related to life transitions and has been a guest contributor to the Ohio Family Law Blog since 2010. We have enjoyed collaborating on several articles over the years. 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!

The Role FOMO (Fear of Missing Out) Plays Out In Daily and Family Life

Technology has created a glut of new words and expressions. It also has “repurposed” old words; a mouse is no longer just a rodent in my basement. A crash is not a vehicular accident, a chip is not just used for scooping up onion dip and a pad is not just a monthly required feminine product.

Electronic communication has … Read More... “Blast From The Past: FOMO: Does it Impact Decisions to File for Divorce?”

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?

postnuptial agreements premarital agreement estate planning

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?”

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