Can I Just Notify My Spouse on Facebook That I am Divorcing Him to Start the Divorce Process?

service of process montgomery county divorce

Help! I Can’t Contact My Spouse To Serve Divorce Documents! Can I Use Facebook As A Service of Process Instead?

service of process montgomery county divorceAre you filing for divorce? How exactly do you let your spouse know? The answer is by service of process! Service of process is when you file official court documents and notify your spouse with them. Service of Process arises from the United States Constitution. Specifically the Due Process language in the Constitution doesn’t allow, “personal jurisdiction over a defendant unless the defendant has proper notice of the court’s proceedings.” This essentially means that the defendant will have to be properly served with the court documents.

These court documents include the Complaint for Divorce, Court Summons and associated pleadings (Financial Affidavit, Parenting Proceeding Affidavit, Family Questionnaire, complaint for Divorce and Title IV-D Application for Child Support Services). Nevertheless, there are specific court rules around this crucial step, and they can vary on where you file for divorce. However, the rules that govern service of process can vary by jurisdiction meaning state or county rules.

The Local Montgomery County Domestic Relation’s Court rules are supplemented by Ohio Civil Rules of Procedure, allowing for multiple methods of service

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Blast From The Past: New Year Resolutions for Those Going Through a Divorce

Blast From The Past: New Year Resolutions for Those Going Through a Divorce

PUBLISHER’S UPDATE: Here is one of my favorites posts from back on January 15th, 2022! The advice rings as true now as it did then! …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!

Making a Resolution can help you focus after Divorce

Going Through a Divorce in the New Year? Make a Resolution to Help you through the Adjustment!

make resolution new year going through divorceAs we embrace the new year, changes are inevitable. Especially if you are going through a separation or divorce. For you this might be a time of loss and sadness. Also think of it as a time of the hope for a brighter, happier future. The key is in the mindset about how to act and think differently in the new year.

Typically, people make promises to exercise more, or eat a healthier way, or perhaps lose weight. Often these goals are made with good intentions and start off strong, but within a month or so are forgotten. It might be more meaningful and helpful, especially for someone going through divorce to focus on a philosophical position, and to … Read More... “Blast From The Past: New Year Resolutions for Those Going Through a Divorce”

Thinking About a Divorce for the New Year?

new year divorce

PUBLISHER’S NOTE: I have updated a Blog post from January 20, 2018 and reposted it to include some newer blogs about divorce in the new year. Please check all of them out! We hope you and your family have a peaceful and joyous New Year!

A Must-Read Guide For Couples Thinking About A Divorce In The New Year

new year divorceExperts say that January is the most popular month of the year for couples to file for divorce in Ohio. With the hustle and bustle of the holidays (Thanksgiving and Christmas), it is common for couples to put off their divorce plans until after the first of the year. Even though many couples are struggling with their marriage before the holiday season, they tend to push back getting a divorce to make the holidays more enjoyable and memorable for their kids.

According to Cathy Meyer, who founded DivorcedWomenOnline.com and is a certified divorce consultant stated, “Dissatisfied husbands and wives begin searching for information on divorce immediately after the holidays”. She has experienced a huge increase in page views and searches the day after Christmas. People start looking for information before the New Year starts, but they cannot do much until the … Read More... “Thinking About a Divorce for the New Year?”

What I Wish All Kids of Divorced Parents Thought About the Holidays!

divorced parents holidays

PUBLISHER’S NOTE: Here is one Dr. Karen Finn wrote and posted to her blog on December 9, 2013. Her advice on kids of divorced parents, seems timeless and appropriate…

Divorced Parents: Divorce and the holidays can make things pretty miserable for kids. Here’s how to help your kids of divorce have happier holidays even if they aren’t with you.

divorced parents holidaysFor way too many kids of divorced parents the holidays aren’t all that merry. Instead, the holidays are filled with confusion and guilt. These kids experience confusion because they often have a hard time keeping track of schedules about when they’re going to be with Mom, when they’re going to be with Dad, and when they’re going to be with their friends. Then layered on top of this confusion is guilt.

Kids of divorced parents often feel the need to be actors. They don’t want to upset Mom by talking about Dad in front of her and they don’t want to upset Dad by talking about Mom in front of him. So, these kids learn to act like their other parent isn’t as important as the parent they’re with right now. The pressure to continue the charade amps up around … Read More... “What I Wish All Kids of Divorced Parents Thought About the Holidays!”

Ho- Ho- Ho-Holiday Tips for Stress Free Parenting

holidays divorce

How to Make the Holidays a Happy Time for you and your Children After Divorce

holidays divorceHolidays are a joyous time. Christmas or Hanukah can be most memorable for both adults and children, but they are especially magical moments for children. However, as adults who are going through a separation, a divorce, or who have already been divorced, the holiday times can be very stressful. I believe that most parents want their children to be happy, but especially so during holiday times. So, what to do to ensure the best possible outcome?

Communication and cooperation are the two main ingredients. The first thing that both Ex’s need to do is to thoroughly review their custody agreement for holidays. Your plan is most likely tailored to what you agreed with at the time of separation, or divorce with your attorney or pursuant to the Court’s Standard Parenting Order. They all vary. Some have elected for shared time during each holiday, and some have agreed to every other holiday. Regardless make sure you know what your Court Order states. It is vital to an easy transition for the kids that you and your Ex are in total agreement as to the … Read More... “Ho- Ho- Ho-Holiday Tips for Stress Free Parenting”

Will I Likely Be Happier After My Divorce?

divorce survey

Positive Outlook Key For Post Divorce Happiness?

divorce surveyI get this question a lot when I meet with my divorce clients. While there is no guaranteed correct answer, there are steps you can take to keep you from becoming paralyzed by the divorce process. From reports I hear from my former clients, the answer to this question is usually “yes”!

I am a bit of a geek when it comes to looking at statistics. I recently saw an article on MovingPastDivorce.comabout a survey that Terry Gaspard commissioned. Terry is a licensed social worker and counselor in Rhode Island. Reading her bio and a recent interview with her by Social Work Guide, she appears very accomplished. Click here to read that interview.

Ms. Gaspard, through her company, recently contacted more than 2,000 people who had been divorced for at least three years. She wanted to probe findings about post-divorce loneliness and fears about meeting new people. Her hope was to produce a survey that might dispel such worries with cold, hard facts. Interestingly, the survey  did reveal a number of statistics she thought were important. While I can’t vouch for her methodology or the validity of the survey results, … Read More... “Will I Likely Be Happier After My Divorce?”

In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?

divorce parent

ANSWER: The answer is FALSE.

History of the Ohio Child Election Law

divorce parentPrior to 1946, Ohio General Code §8033 made it mandatory that a child ten years of age or older “must” be allowed to choose which parent they preferred to live with, and the court would have to follow that choice unless the court deemed that parent “unfit.” Venable v. Venable, 445 N.E.2d 1125, 1130 (Ohio Ct. App. July 9, 1981). Even as recently as 1989, the Ohio Revised Code §3109 stated that children twelve years of age or older could choose which parent to live with. Bawidamann v. Bawdiamann, 580 N.E.2d 15, 17 (Ohio Ct. App. Aug. 4, 1989).

However, in 1996 the Ohio legislature amended §3109.04 and eliminated the ability for a child to choose the parent to live with. Butland v. Butland, No. 95APF09-1151, 1996 WL 362038, at *3 (Ohio Ct. App. June 27, 1996). Thus, courts in Ohio no longer considered the choice of the child controlling and opted instead to utilize the ” best interest” factors set forth in the current amended statute. Id.

Ohio Law Today on the Wishes of the Child to Live with a Parent

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