Divorce Archives - Page 5 of 39 - Ohio Family Law Blog

How are Student Loans Treated in an Ohio Divorce?

Who Owes Student Loan Debt in a Divorce…is it Joint?

In the US Americans owe approximately $1.77 trillion dollars in student loan debts. That is a staggering figure! So, understandably, figuring out how these loans are dealt with can be very important for couples contemplating a divorce. In Ohio, there are many factors that need to be considered. Ohio is an equitable property division state. That means that the Court does not have to divide marital debts equally but only in a “fair or equitable” manner.

WAS THE DEBT INCURRED BEFORE THE MARRIAGE?

If so, the general rule in Ohio is that such a loan would be considered personal to the individual who incurred it. That person would continue to be solely responsible to pay his/her student debt loan.

WAS THE STUDENT LOAN DEBT INCURRED AFTER THE MARRIAGE?

Student loans obtained by one spouse during the marriage may be categorized as marital debt subject to equitable distribution. Heavilin v. Fillman, No. 2019-AP-04-0014, 2019 Ohio App. LEXIS 5502, at *10 (Ohio Ct. App. Dec. 23, 2019); Harris v. Harris, No. 2006-CA-0003, 2007 Ohio App. LEXIS 1160, (Ohio Ct. App. March 16, 2007); Webb v. Webb, No. CA97-09-167, … Read More... “How are Student Loans Treated in an Ohio Divorce?”

Tips to Reduce The “Shell-Shocked” Phase After a Divorce!

The Various Stages of Post-Divorce Transition…Once The Initial Shock Wears Off

I have been doing some reading lately regarding the various stages of post-divorce transition folks go through to compare it with what I have seen as a divorce lawyer over the past 40+ years. The various “expert’s” articles that I have read seem to confirm many of my personal observations.

Generally there are 5 to 7 different phases that psychologists have identified. Just like grief moves through different stages, so do divorced individuals. Like with grief, the stages vary with each person as does the length of each phase. This is understandable since often it is just one party that wants out of the marriage.

In a well-written article by Robert Taibbi, LCSW, posted in Psychology Today on March 11, 2023, titled 6 Stages of Separation or Divorce, the author clearly lays out the various stages of life during and after a divorce. He states that “once the initial shock wears off, many feel shell-shocked for many weeks. It takes about 6-12 months to feel more grounded”. Click here to read this article.

Beware the Calm Before the Stormy 7 Stages of Divorce

Dr. Jamie C. Williamson, … Read More... “Tips to Reduce The “Shell-Shocked” Phase After a Divorce!”

Blast From The Past: What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?

PUBLISHERS NOTE: Here is one of my favorites posts from back on November 12th, 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!

Filing a Contempt Motion Against Your Ex: The Pros and Cons

Your Ex Could be Held in Contempt Motion for Failure to Comply with a Divorce Court Order

Divorce cases can often continue to create headaches for the parties long after the Final Decree of Divorce has been issued. Sorry to perhaps be the bearer of bad news! Some individuals will refuse to follow Court Orders no matter what the issue or how clearly it is stated in the Court Order.

Some Ohio Courts are becoming more sensitive to that reality and are channeling “high conflict” post decree cases to a different docket so that they receive greater attention including scheduling periodic review hearings (especially if the issue pertains to parenting time).

But, let’s go back to the basics first.

WHAT IS A MOTION FOR CONTEMPT?

The Court speaks through its Court Orders and Entrys. For example, … Read More... “Blast From The Past: What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?”

How a Dissolution of Marriage in Ohio Works and Why Completing a Financial Affidavit is Required

Financial Disclosure Affidavit Must Be Completed As Part Of The Dissolution Process

Why Must a Financial Disclosure Affidavit Be Completed Before A Dissolution Can Go Forward? I Just Want To Terminate the Marriage!

Since 2007 we have posted a fair number of blogs about the differences between divorce and dissolutions and about the dissolution process. Here are some links to make it easy to find and to read them.

Recently, it seems that I have had a lot of new clients come in to the office wanting to discuss and proceed with a dissolution rather than a divorce. I was asked by a client the other day why her husband needed to complete a financial disclosure affidavit because she didn’t care what he had, she just wanted to terminate the marriage and for each to go their separate ways.

Financial Disclosure Affidavit Serves As Springboard Towards Negotiation Process

That was a great question! Besides explaining that the Court … Read More... “How a Dissolution of Marriage in Ohio Works and Why Completing a Financial Affidavit is Required”

I Just Want to Celebrate My Divorce!

A Divorce Celebration can bring a great sense of relief.

Divorce Celebration, Is it Appropriate to Commemorate?

Writing this blog, I just can’t seem to get that old 1971 Rare Earth tune, I Just want to Celebrate out of my head! If you “can’t be bothered by sorrow or can’t be bothered by hate” feel free, if you dare, to take a listen to the song by clicking here!

Back in 2010, I published an article on the Ohio Family Law Blog titled Gifts for the Newly Divorced. Some Tasteful and Well…Others Not So Much. It was a humorous tongue-in-cheek blog article. Click here to read it. It was one of the most viewed blogs I have written! In 2012, we published another blog article titled Divorce Celebration – Complete with Cake! You can read it by clicking here.

Divorce Celebration Has Become More Common in Recent Years

I have come across several articles recently, including one in the Wall Street Journal on July 17, 2023, titled Divorce Parties are a New Hot Invite. Apparently, these divorce celebrations are becoming more common place and people are finding new creative ways to celebrate. To illustrate the increase, according … Read More... “I Just Want to Celebrate My Divorce!”

How Divorce Can Impact Children’s Financial Accounts

Children’s financial accounts during a divorce process..should you be concerned?

How Your Children’s Financial Accounts Might Be Impacted From Your Divorce

Navigating the divorce process can be particularly challenging for families. While dividing assets is rarely easy in any scenario, determining how to divide accounts you started for your children during your marriage can raise additional questions and concerns.

Types of children’s financial accounts

There are several types of accounts parents open for their children. Some of the most typical accounts are 529 plans for education-related savings, joint checking accounts, trust funds, interest-earning accounts, and custodial accounts.

Education savings accounts (529 plans)

These plans are named after Section 529 of the Internal Revenue Code, are not deductible, and offer other tax advantages. 529 plans help families pay for future qualifying education-related expenses like tuition or post-secondary training.

In most cases, the custodial parent in a divorce should be the 529 plan account owner. Because these plans are considered assets of the account owner, how the courts handle these accounts during the division of marital assets is sometimes difficult to predict. In some cases, a judge will exclude 529 plans from the division of assets, in other cases they may require … Read More... “How Divorce Can Impact Children’s Financial Accounts”

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