Divorce Rates on the Climb as the Economy Recovers

Recent Spike In Divorce Rates Tied To Economy Study Suggests

divorceInterestingly, while the total number of new cases filed in Ohio in 2012 hit a 10-year low, the same cannot be said about divorce actions.  Ohio has seen a recent spike in divorce after a steady decline for the past decade.  To get a better grasp on why this is occurring, we must first look at the statistics of divorce in the Greater Dayton Area and Ohio in general.

In Montgomery County, according to the Ohio Department of Public Health, the 2010 divorce rate was 65.2 per 100 marriages. The 2009 rate was 60 per 100, and the 2008 was 53.5 per 100.

Comparing Montgomery County to the rest of Ohio in 2010, Montgomery County had a rate of nearly 10 marriages per 100 higher that ended in divorce. (Ohio’s 2010 rate was just over 50 per 100).

A recent divorce study found that nationwide, divorces often increase with the economy.  Meaning the better the economy the more divorces we see.  This is often associated with the expenses that a divorce can cost, illustrating that couples often hold on through a rough financial time until they’re able to split.  … Read More... “Divorce Rates on the Climb as the Economy Recovers”

Divorce Matters in Ohio: Limited Representation

Hire A Divorce Attorney Or Save Money With Limited Representation?

divorce limited representationWhen married couples decide on a divorce, a number of things can happen.  When one party decides to file for the divorce, they can either attempt the divorce pro se (without a lawyer) or hire an attorney. There is another option.

The middle ground occurs when firms and divorce attorneys offer “unbundled legal services.”  This is also called “limited scope representation” and occurs when a divorce attorney or firm reviews or creates the documents, and informs the pro se filer when and where to file, but does not offer any other legal advice.   Essentially sending you on your way with a “complete” divorce packet.

After the documents are prepared, the divorce can continue without attorney representation.

Limited representation arrangements are relatively new in Ohio.  While designed to help consumers with “low cost” representation options in simple divorces cases, they can also create a quagmire between the Ohio Rules of Professional Conduct and a lawyer’s duty to represent their client to their fullest ability.  According to the ORPC 1.2, an attorney and client may limit the scope of the attorney’s representation given that the limitations are “reasonable.”

The “reasonableness” factor … Read More... “Divorce Matters in Ohio: Limited Representation”

Divorce: Not a Do-It-Yourself Project

Tips On How To Move Ahead In Divorce

Help And Support From Professionals Key To Moving Forward In Divorce

divorceFrequently, people who are unhappy in their marriages wait until after the holiday season to move ahead with the dissolution of their marriage.  If you are one of those folks who have made this decision, you know it is not easy to make that first move.  Sometimes people struggle for years in unhappy relationships before they decide it is time to end the marriage.

How to move ahead?  Find a good lawyer and therapist.  They will be part of your team as you begin the arduous process of untangling your marriage.  These professionals will help and support you through the process – making sure that when your divorce is final, you are as secure as you can be – both emotionally and legally.

No doubt about it – divorce is a major life changing decision.  It is a stressful time – you, your spouse and your children will be impacted emotionally, financially, practically and legally.

So, it is surprising when so many couples decide to proceed with the legal uncoupling without legal counsel!  Here are some reasons people choose to represent … Read More... “Divorce: Not a Do-It-Yourself Project”

Divorce in Ohio: Can the Court Order an Unequal Property Division?

Might You Be Entitled to a Distributive Award of Property in Your Divorce Case?

divorceWhat Constitutes Normal Property Division in a Divorce?

When a divorce occurs, property and assets are to be split equitably by the Court which typically involves a 50/50 split.  This approach generally covers all property obtained during the marriage.  This is true regardless of the basis (or grounds) for the break-up of the marriage.

What Happens if One Spouse Commits Financial Misconduct?

Unfortunately, sometimes a party anticipating a divorce will commit acts of fraud, concealment or transfer property to avoid dividing any assets. When this type of conduct occurs and it can be sufficiently proven, courts may order an unequal division of property and issue a “distributive award”.  The courts are given broad discretion in deciding how to separate the assets, and this discretion is given significant deference on review by appellate courts.

Statutory Definition Regarding Property Division in a Divorce:

ORC 3105.171 states that in a divorce or dissolution:

“(3) The court shall require each spouse to disclose in a full and complete manner all marital property, separate property, and other assets, debts, income, and expenses of the spouse.”

The statute clearly states a very … Read More... “Divorce in Ohio: Can the Court Order an Unequal Property Division?”

Divorce Study: Are Your Siblings Saving Your Marriage?

Divorce Rates Lowered By Number Of Siblings In Family Says Study

divorceA new study co-authored by Ohio State’s Doug Downey seems to indicate that growing up with more siblings can reduce your chance of divorce later in life.

The study conducted involved analyzing data collected by the “General Social Survey.”  This data was compiled from 1972 to 2012 and was compiled of over 57 thousand adults.  The resulting analysis led to a conclusive theory that each sibling you have can reduce your chances of divorce later in life by up to 2% each from sibling 3 to 7.

Downey, commenting on the analysis, stated that, “When you compare children from large families to those with only one child, there is a meaningful gap in the probability of divorce.”

The other co-author of the study, Donna Bobbitt-Zeher, Ph.D., discussed the findings in a different light.  Dr. Bobbitt-Zeher stated that the results weren’t only in having different relationships between siblings, but how the families changed their mind-set when another sibling was added.   Insofar as the personal relationship aspect, Downey stated that:

  • “Growing up in a family with siblings, you develop a set of skills for negotiating both negative and positive interactions.
… Read More... “Divorce Study: Are Your Siblings Saving Your Marriage?”

Summer Vacations and the Divorced Family

Divorced Family During Summer Vacations? How To Get through The Downtime

summer vacations divorced family“As I watched my children wait at the window for their father to arrive, I couldn’t believe the flood of feelings I experienced,” Julie, thirty-eight, a divorced mother of two boys, seven and nine, explained. “Their father is taking them to New York with his girlfriend. Her parents own a large summer house in the Adirondacks. She has six brothers and sisters, all married with children. They are all coming this week for a family reunion.”

“As an only child raised in a large city, I never had this kind of experience. I am excited for my children that they can have all these new people in their lives. They will get the experience of a large family. I find myself wishing that I could give them such an experience. I wonder if they will love this new family more than they love me. Of course, I know this is not the case. But sometimes, I feel so insecure.”

“I guess I am also envious of their experience. In some ways, I wish I were going, too. Not to be with my ex-husband, but to have this wonderful family … Read More... “Summer Vacations and the Divorced Family”

Parent Questionnaire and Information Sheet

Completing the Parent Questionnaire/Information Sheet in Your Divorce

parentIf you are a resident of the State of Ohio and the County of Montgomery, Rule 4.28 of the Local Rules of the Domestic Relations Court, reflects that the “Court requires that all parties in divorce or legal separation cases involving minor children, complete and return to the Court a Parent Questionnaire and Information Sheet prior to the final hearing in the proceeding. What information is addressed by the Parent Questionnaire and Information Sheet?

The Court is making inquiry regarding certain basic information from each party:

A.  Personal Information. The Court is seeking information as to the party’s mailing address, telephone number(s), current position of employment, current work schedule, employment history, and name and phone number of the party’s attorney.

How could this information be useful to the Court? The Court would see “red flags” if a party is without current employment as issues would be raised as to child support and spousal support. The Court would be much happier to see that both parties are gainfully employed with decent incomes.

B.  Marital History. Have the parties been involved with other separations or divorces? Who left home first? What have … Read More... “Parent Questionnaire and Information Sheet”

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