Do I Really Need a Lawyer for My Ohio Divorce?

Consultation With An Experienced Family Law Attorney Helpful When Filing for Divorce

divorce ohio lawyerA lot of people ask or search online for the answer to this question. No one likes to spend money for a lawyer. I have attached a link that the Montgomery County Ohio Domestic Relations Court provides to the public. It is titled The Citizen’s Guide to the Montgomery County Common Pleas Court: Domestic Relations Division.

The Guide is well written, but demonstrates the complexities of the divorce or dissolution process with all the forms and rules that must be followed.

I also came across information on this topic provided by the Legal Aid Network of Kentucky. Their guidance is on point.

Do I have to have an attorney to file for divorce?

No, you do not have to have an attorney to file a divorce, but it would be helpful. It would be easier if you have an attorney, because the attorney is familiar with the divorce laws and with the courts. However, there is no requirement that you have an attorney to file a divorce, and if you cannot get an attorney, you can file the divorce on your own. You will need to … Read More... “Do I Really Need a Lawyer for My Ohio Divorce?”

Divorce Research Shows Children Suffer No Real, Long-Term Effects of Divorce

Important Steps Parents Can Take To Minimize Negative Side-Effects Of Divorce For Their Children

divorceDivorce can be earth-shattering for everyone, but arguably no one suffers more than the children involved. That being said, while divorce has proven to have devastating impact on these young people at the time, some research now suggests that these children do not experience long-term side-effects.

In an article in Scientific American Mind, authors Hal Arkowitz and Scott O. Lilienfeld acknowledge that while divorce is often extremely trying for children, studies show that as these children become adults, few experience lasting, serious effects.

While the divorce is occurring, and even in the period following, it is typical for kids to experience anxiety, anger, depression, shock, etc. However, Arkowitz and Lilienfeld argue that all of these negative effects are short-lived. In support of this, they point to a study conducted by sociologist, Paul R. Amato.  Amato’s research followed kids whose parents divorced during childhood, into their adolescence and teenage years.  He then compared those children to others whose family remained intact.  The results showed that there were relatively few differences between the two groups of children.  Ultimately, those with divorced parents typically recovered quickly and handled … Read More... “Divorce Research Shows Children Suffer No Real, Long-Term Effects of Divorce”

Dissolution: Out with the Old, in with the New?

Marriage Over and Thinking Divorce? Important Information About Ohio Dissolution Proceedings

dissolution divorceDo you and your spouse BOTH recognize that your marriage is emotionally and all but officially over? Have you been procrastinating moving forward with dissolution and terminating your marriage? Not a pleasant decision, but sometimes a necessary one. Well, there is still time to accomplish and complete that objective around the first of the year.

Ohio Law permits the filing of both divorce and dissolution actions. Before filing you really should know the basic differences. The primary distinction between divorce and dissolution is the amicable nature with fully agreed upon terms in a dissolution proceeding. In dissolution, both parties must agree to every aspect and term in the final agreement, down to the last penny. Various pleadings are prepared and signed by both parties and submitted to the Court for approval. To be clear, the FULL agreement must be negotiated and executed before filing. No Restraining Orders are available in an Ohio dissolution. The parties request in these papers that their marriage be terminated based upon there being “irreconcilable differences” between them. Ohio Law states that a hearing for dissolution must be set and held between 30 to 90 … Read More... “Dissolution: Out with the Old, in with the New?”

Cohabitation Can Lead To Spousal Support Termination

Love After Marriage For All: How Cohabitation With Another, Regardless Of Sexual Orientation, Can Trigger A Termination Of Spousal Support Post Divorce

cohabitation divorce spousal supportI couple weeks ago, I attended a very exciting and thrilling divorce seminar (said no one ever) where a portion of it was dedicated to giving an update on divorce court forms to reflect gender neutral identifiers for the divorce parties.  For example, instead of using husband and wife, the court forms will now use spouse 1 and spouse 2 or other similar gender neutral identifiers.   I still say the classic Plaintiff and Defendant identifiers are easier, but it is not my courthouse.

I imagine a majority of courts around the country, except perhaps for the Deep South, are adjusting appropriately to be in compliance with the U.S. Supreme Court’s historical decision finding state laws that prevented same-sex marriages are unconstitutional.  Which also meant that divorce statutes and divorce case law had to catch up with same-sex marriage.  One such aspect of divorce law that needed to catchup with the times was addressed by the Supreme Court of Virginia.

In Luttrell v. Cucco, Luttrell moved the trial court to terminate his spousal support obligation based on his … Read More... “Cohabitation Can Lead To Spousal Support Termination”

Same-Sex Couples: Premarital Cohabitation Assets and Divorce

New Hampshire Case Said to Set Precedent for Same-Sex Couples Upon Divorce, But is Ohio Law Already Set Up for Courts to Reach Similar Decisions?

same-sex couples cohabitation divorceThe Supreme Court of New Hampshire recently held that courts may consider premarital cohabitation when considering the division of a same-sex couple’s assets.  In the Matter of Deborah Munson and Coral Beal, the New Hampshire court was faced with a divorce and division of assets of a same-sex couple who lived together for 15 years before a civil union was held, followed by a marriage three years later. During the 15 years before the marriage, the couple essentially acted and functioned as a married couple, both socially and financially.  However, the trial court awarded Beal limited alimony and a small percent of the marital estate based upon the short duration of the marriage. Upon appeal, her attorneys argued that the district court should have considered the 15 years the couple cohabitated prior to the marriage.

In its decision, the New Hampshire Supreme Court agreed explaining that the law of the state provided a “catch-all” provision allowing the court to consider “any other factor” it deems relevant when dividing the marital assets.  Therefore, the Court held … Read More... “Same-Sex Couples: Premarital Cohabitation Assets and Divorce”

A Review of the Book, Unliving the Dream

Review Unliving the Dream

Below is my review of the book Unliving the Dream by Sandra Vischer. These five (5) are the major characters or “players” in this fictional life story.

  • Alex: The Wife/Mother and author of the book. She has been married for twenty-plus years before the “story” unfolds before her eyes. She believes that she has a very happy and loving marriage.
  • James: The Husband/Father of the story. He is the one who initiates the break-up of the marriage and family.
  • Mara: The “other woman” who just happens to be a friend of Alex and an employee of the family firm.
  • Lily: The daughter of Alex and James.
  • Jack: The son of Alex and James.

When the book commences, Alex and James are at a hotel in Victoria, Canada. Alex senses that something is amiss with their relationship and marriage of twenty-plus (20) years and keeps asking James questions about what is wrong and what is happening to their relationship. He finally blurts out these words: “There is someone I would like to start seeing. I just need a little break. I want to see what it feels like to live on my own”. The words are devastating to Alex and she, … Read More... “A Review of the Book, Unliving the Dream”

Divorce: Why Marriages Fall Apart – And The Survey Says…

How Does A Marriage Fall Apart? Divorce Reseach Reveals Top 10 Reasons

divorce surveyThe reasons couples divorce are as varied and different as the individuals involved.  However, upon closer examination, it seems that there is often a common thread as to why the breakdown occurred.

The British law firm of Slater & Gordon interviewed 1000 divorcees in order to better understand how a marriage ends up falling apart.

Their research showed that the top 10 reasons given for divorce were: 1 – infidelity, 2 – we were unhappy, 3 – we argued too much, 4 – we fell out of love, 5 – we didn’t communicate anymore, 6 – we wanted different things, 7 – they changed, 8 – we didn’t feel like partners anymore, 9 – they were abusive and 10 – we had money problems.

The rest of the firm’s findings are displayed in the infographic below.

divorce survey

The firm’s results clearly show that divorce is not something that couples enter into lightly.  In fact, those surveyed stated that, on average, they thought about divorcing their spouse for 2 years before it actually happened.

In addition, the findings also demonstrate that it is not uncommon for finances to play a … Read More... “Divorce: Why Marriages Fall Apart – And The Survey Says…”

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