Divorce Archives - Page 22 of 40 - Ohio Family Law Blog

Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?

PUBLISHER’S NOTE: Five years ago, we posted an article about the The Counseling and Cooperative Parenting Center of Ohio, LLC, also known as “CCPC – Ohio”. It seemed long overdue that we post an update on this wonderful resource for families with children having been involved in a high conflict divorce case. Click here, to read our initial article about this Center from April 12, 2014. Brenda Patton, the owner and director of the Center, was kind enough to provide me an interview to discuss the evolution of CCPC. Southwest Ohio is certainly fortunate to have this resource!

SO, WHAT IS A HIGH CONFLICT DIVORCE CASE?

Ms. Patton defined it as being cases that have a “revolving door” relationship with the Domestic Relations Courts. They are the cases that are never resolved or settled. Months and/or years after divorce has been finalized, the parties are still returning to Court to resolve unsettled issues relating to support, visitation, selection of schools, selection of treating physicians, payment of medical expenses, payment of extracurricular expenses, etc.

These cases often involve multiple motions to find one party to be in contempt of court for failure to abide by the terms of the original … Read More... “Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?”

Divorcing? What do You do With Your House?

Home’s Equity To Be Divided Equally Between Two Parties In Divorce

You have agreed to a divorce. Now for the difficult and often unpleasant task of dividing the assets. Sure, you can agree who gets the tv and who gets the dishes, but the most difficult division is often how do you “divide” the house. Generally speaking, the home is considered a marital asset and the equity needs to be divided equally between the two parties.

Perhaps the home was bought by one of you before you were married. In that case it may be considered non-marital property. However, if both parties have been put on the deed or if the home was refinanced in both of your names, then the house will likely be considered marital property regardless of who paid for the house initially. Of course, if you purchased a home together during the marriage then it is definitely a marital property and the equity needs to be divided. The sticky part about splitting the value of a home is that it is not a liquid asset.

Often one of you will want to remain in the home, especially if you have children attending school in the … Read More... “Divorcing? What do You do With Your House?”

Seeing a Divorce Lawyer for the First Time – Thoughts from a Divorce Lawyers Summer Extern

A Good Divorce/Dissolution Attorney Cares, Even About The Little Things

As an extern with the Dayton, Ohio, law firm of Holzfaster, Cecil, McKnight, & Mues, I’ve had the opportunity to sit in on a number of divorce/dissolution consultations. As my time here is drawing to a close, here are a few truths I’ve gleaned from my time here at the office.

No two clients are ever the same. Some cry, some just want to get it over with, some crack jokes for most of the consultation. The occasional client will do all of the above during the course of a single meeting.
Nothing you can say will be shocking or weird or too much. This one may seem counterintuitive based on the first statement, but it is true. Every divorce is entirely unique, but after a while, the different components start to look similar.
Yes, we do listen to everything you say. Sometimes, I’ve watched clients start to look a little concerned, especially with the amount of notes that Chip or another attorney is taking. Believe me, he’s listening. Those notes also help him, or his paralegal, later figure out what exactly is best for you. A good

I’ve Been Served with a Divorce, Do I Really Need to Talk With A Lawyer?

Schedule An Appointment With An Experienced Divorce Lawyer

Avoid “Getting The Shaft”, Talk To An Experienced Divorce Lawyer!

Like most veteran divorce lawyers, I have seen lots of situations where a party ignores a summons and complaint for divorce, to his/her peril. The excuses I frequently hear are:

I’m too busy;
We have only been married for just a short time;
My spouse will treat me fairly;
I don’t need to spend money for a lawyer
I am too depressed to deal with it, and if I ignore it, I can fight it later if necessary; or
My spouse will get everything anyway since I have been a lousy spouse.

Truthfully, all of these “excuses” are poor ones. Scheduling an appointment with an experienced divorce lawyer is not an expensive pro-active investment. Some lawyers even offer a free initial conference.

What will happen if you simply ignore the divorce filing?

The case will be set for a non-contested default hearing;
Your spouse (and his/her divorce lawyer) will submit a Final Decree of Divorce for the Court’s approval;
There will be little inquiry by the Judge if the facts are correct or the orders are fair or equitable;
No

My Ex Is Named As Beneficiary On My Life Insurance Policy? What Happens If I Die?

life insurance policy beneficiary designation divorce

Divorce Effectively Acts As a Termination of the Beneficiary Designation..Right?

An issue that comes up more often than many may think is the following scenario: One spouse names the other spouse as beneficiary of a life insurance policy. Couple gets divorced. Beneficiary designation is never changed. Policy owner dies. Does the ex-spouse get the life insurance proceeds? For many years, this question was covered by case law arising from different jurisdictions, with some jurisdictions coming to the conclusion that if the beneficiary designation wasn’t changed, the ex-spouse still received the proceeds and others concluding that the divorce effectively acted as a termination of the beneficiary designation.

Clarity has been brought to this issue as it is now covered by statutory law here in Ohio, namely Ohio Revised Code Section 5315.33, which states that the termination of marriage revokes the designation of a spouse as a beneficiary. Two exceptions exist. One is if the designation of beneficiary or the judgment of decree granting the divorce specifically provides otherwise. Second is if the parties later remarry each other. Other than under those two exceptions, the termination of the marriage terminates the beneficiary designation, and the ex-spouse is deemed by law to … Read More... “My Ex Is Named As Beneficiary On My Life Insurance Policy? What Happens If I Die?”

Can I Change my Mind After Signing Divorce Papers in Ohio?

Second Thoughts? Dismissal May Be Permitted Based On How Far The Divorce Case Is Along

The answer to this question likely depends on how far along your divorce case has progressed, as well as the reason to dismiss it. The earlier in the preceding you decide, the more likely the answer will be “yes”.

Withdrawal of Complaint: If you have just filed the complaint for divorce and no answer has been filed by your spouse, you may dismiss your complaint without permission of the Court. No problem!
Dismissal After Your Spouse Has Filed an Answer/Counterclaim: At this point both parties have requested a divorce. Even though you had initiated the case, you do not have the option of dropping the whole case. If you dismissed your complaint, your spouse could proceed with his/her request for a divorce. The simple solution is for both sides to file a joint agreed upon dismissal entry signed by all parties and the lawyers. The Court would allow that as long as all Court costs have been paid.
Dismissal After Trial (But before a Decision). So, this point would arise very far down the pike. Most divorce cases typically take the better part of

Common Law Marriage in Ohio – Does it Still Exist?

Ohio No Longer Recognizes Common Law Marriage After 1991

I’m sure most, if not all, have at least heard of the term “common law marriage“. By legal definition, a common law marriage is a marriage that doesn’t quite rise to the level of a legal, formal marriage, but is created by the two parties, who co-habit together and hold themselves out to their community as married. A legal marriage has a licensing component, and a certain level of solemnization requirement that might not be met by a common law marriage.

While common law marriages aren’t scarce, they are less common than they used to be. Prior to the widespread availability of easy transportation and the internet, people in remote areas of the country, especially out west, would need to wait around for the circuit-riding pastor to arrive in order to officially wed. Without a formal schedule, people began to pair off and held their own ceremonies before their family and friends and would hold themselves out in the community as married, even without all of the official paperwork being filed. After so long, no one really recalled that so-and-so weren’t actually legally married by the pastor.

Marriage Is

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