Divorce Archives - Page 25 of 39 - Ohio Family Law Blog

California Courts now have Authority to Rule on Pet Custody Disputes in Divorce

Ownership Of Pets Can Be Decided In California Courts, Will Ohio Be Next In Pet Custody Disputes?

In California and Ohio, as in most states, pets are considered personal property by law. But thanks to a new law in California, divorce disputes over “custody” of dogs and cats will be decided in a similar manner as are child custody disputes. Regardless of the emotional attachment between a pet and its owner, Courts typically don’t give more status to a pet than say to a computer or television.

Under A.B. 2274, signed last week by Governor Jerry Brown, pets will still be considered community property but now a judge deciding ”custody” will have the discretion of weighing such factors as who feeds and walks them, has been the primary caregiver and who takes them to the veterinarian. In addition, the Court may order essentially temporary custody of the pet pending final hearing. The law goes into effect on January 1, 2019. To read the text of the law, click here.

As an Ohio divorce lawyer for near 40 years, I personally think the new California law makes practical sense. Pets can become as important to individuals as … Read More... “California Courts now have Authority to Rule on Pet Custody Disputes in Divorce”

Blast From The Past: In Camera Interview of Children in Divorce Court

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: “Here is a good article on in camera interview by Attorney Anne Shale from 2008. Nothing has really changed in 10 years about this interview process for the Court to obtain insights about the child’s wishes in a contested custody or parenting time case. All this is geared towards figuring the “best interest” of the child.”

Should You Let Your Child Participate In An In Camera Interview?

What is an in camera interview?

The phrase “in camera” is a Latin term defined in Black’s Law Dictionary as: “In chambers; in private.” The interview does not involve a camera or a videotape at all! If a party is asking for the Court to have an in camera interview of a minor child, the request is for the Judge or Magistrate to interview the minor child privately with neither parent or his/her attorney being present. An Appellate Court in Michigan said it very well years ago . . .

“A child custody determination is much more difficult and subtle than an arithmetical computation of factors. It is one of the most demanding undertakings of a trial judge, one in which he must not only listen to what is said

An Expensive Wedding, Is it a Road to Divorce?

Will Spending MORE Money On Wedding Planning Mean A Longer Lasting Marriage?

Most little girls grow up dreaming of the picture perfect wedding. If one scrolls through wedding magazines, or the many wedding planning sites on the internet, or through the myriad of ideas on Pinterest, it would be easy to plan the dream wedding. However, all those details will add up to a hefty price tag. According to https://www.theknot.com/, a popular wedding planning site, in 2017 couples were spending on average $32,641 on a wedding! In New York City, and other large metropolitan cities, that figure is closer to $77,000. YIKES!

Beware! Not only will the amount of money set you back considerably, a recent study conducted by economics professors, Hugo M. Mialon and Andrew Francis-Tan, found that couples who stick to a strict budget are far more likely to stay married than couples who spent extravagantly. Their survey studied marriages and the weddings of more than 3,000 couples in the United States. Starting with the engagement ring, when men spent between $2,000 and $4,000 on a ring, the risk of a divorce is 1.3 times more than when the ring cost between $500 and $2,000.… Read More... “An Expensive Wedding, Is it a Road to Divorce?”

Obtaining a Divorce While Abroad; Not as Challenging or Cumbersome as Meets the Eye…Maybe

Ohio Divorce Abroad: What You Need To Know!

Good News For Couples Seeking An Ohio Divorce Abroad

So you and your spouse have made the decision to separate, but there’s one more catch added on to the already long list of catches: you’re living overseas. Divorce law in the United States is primarily left to the states, and with each state choosing to recognize different aspects and origins of a foreign divorce, it may just be easier and less of a headache to file for a divorce in the state where at least one of you has residency.

Since you live overseas, it could be either difficult or expensive (most likely both!) to travel to the courthouse for your divorce proceedings, but there is good news: in Ohio, some courts are now letting parties appear in court through contemporaneous transmission (i.e. video-chat). Now, this isn’t a guarantee that you’ll be able to just stay completely out of the courtroom, but if you can convince the judge that it is a compelling interest, and that the appropriate safeguards are taken, then you might have a solid case fpr ohio divorce overseas. The drawback of this opportunity is that it … Read More... “Obtaining a Divorce While Abroad; Not as Challenging or Cumbersome as Meets the Eye…Maybe”

Blast From The Past: The Role and Functions of a Guardian ad Litem in the State of Ohio

What exactly is the role of a Guardian ad Litem In the State Of Ohio?

PUBLISHER’S NOTE: “Over the years this GAL post has received a lot of interest. Confusion is commonplace for parents about the purpose of a Guardian ad Litem and how the process works. Let us know if you have any GAL issues in Dayton or Southwest Ohio.”

What is a Guardian ad Litem?

A Guardian ad Litem (“GAL”) is usually a lawyer appointed by the Court to appear in a lawsuit on behalf of an incompetent or minor party. In Juvenile Court cases and Domestic Relations cases, the Guardian ad Litem is appointed on behalf of a minor child or minor children in custody, visitation, and/or other disputed child-related issues.

What does the Guardian ad Litem do?

The Guardian ad Litem is appointed by the Court to undertake an investigation of custody issues, visitation issues, and other parenting issues before the Court. The Guardian ad Litem is expected to meet with each parent individually and to meet with each parent and the child or children to be able to observe the interaction between each parent and the child or children. The Guardian ad Litem is also … Read More... “Blast From The Past: The Role and Functions of a Guardian ad Litem in the State of Ohio”

Marriage: For Better…Or for Worse?

Married Couples No Longer Healthier Than Single Individuals According To Marriage And Health Study

In the past, marriage, happiness, and good health have all been intertwined. But believe it or not, saying your vows and promising to love someone through the good times and the bad times, does not guarantee that you will never get sick, experience hardships, or run into obstacles in the coming years. It does not place a big sign over your head that says, “I’M MARRIED. Stress, anxiety, and hardships please stay away!” Instead, a marriage helps to create a foundation for you to grow with someone and it provides you with someone that you can count on. Marriage creates a pathway for open communication and endless opportunities.

Did You Know That Marriage Can Have a Pretty Substantial Effect on Your Health?

Recently, Dmitry Tumin, a sociology researcher from Ohio State University conducted a study in which he compared married couples who were born between the years 1955 and 1984. Click here to link to the study. Astoundingly, his study concluded that the overall health benefits of marriage have drastically decreased.

Despite the popular belief that marriage has a positive effect on your health, scholarly … Read More... “Marriage: For Better…Or for Worse?”

Blast From The Past: Divorce: Relocation Issues in Ohio

PUBLISHERS NOTE: Looking back over the last 10 years of Ohio Family Law Blog articles is always fun for me! Here is another BLAST FROM THE PAST written by Attorney Anne Shale and published on January 21, 2008. I have edited it to include the current relocation language from Montgomery and Greene Counties.

Divorced And Thinking About Relocation? Read This Before Taking Any Action!

Twenty to thirty years ago, there was no issue related to “relocation”. There was a custodial parent, usually the Mother, and a non-custodial parent, usually the Father. If Mother wanted to relocate to return to the home of her family, to join her new husband at his next assignment, or to find a better paying employment position, Mother simply relocated or moved to her next city or state of residence.

Today, the issue of “relocation” has become an issue of much importance. Fathers’ rights have come to the forefront as Fathers have become more involved in the rearing of their children. My father never changed a diaper, never bathed or dressed me or my siblings, and certainly was not involved in other parenting tasks involving “hands on” care. His primary “job” as … Read More... “Blast From The Past: Divorce: Relocation Issues in Ohio”

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﻿Ownership Of Pets Can Be Decided In California Courts, Will Ohio Be Next In Pet Custody Disputes?