Divorce Archives - Page 7 of 39 - Ohio Family Law Blog

The Basics of Temporary Restraining Orders in an Ohio Divorce

PUBLISHER’S NOTE:
A New client asked me last week if she could get restraining orders if she and her husband file for a dissolution. A great question! It got me thinking that I hadn’t posted a blog article about the topic of restraining orders in a really long time. Click here to read a blog from November 12, 2011. So, here is my updated article!

PURPOSE Of RESTRAINING ORDERS IN A DIVORCE

The information in the blog article linked above from 12 years ago, is still on point. I won’t be redundant here. The purpose for restraining orders in a divorce is to essentially maintain the “status quo” of finances, assets, insurance coverages and the parties’ affairs as they exist at the time of the divorce filing. They are also intended to prevent any unilateral retaliation, threats of violence, and harassment between the divorcing spouses.

Be sure to read your local rules or my 2011 blog to read more about restricted actions that can be included in a temporary restraining order request. Issuing restraining orders is commonplace in divorce or legal separation proceedings in Ohio and typically done without any hearing. Nonetheless, even with these restrictions the parties are … Read More... “The Basics of Temporary Restraining Orders in an Ohio Divorce”

Should Ohio Pass a New Law Establishing 50/50 Shared Parenting in Divorce Cases?

Ohio would join only Arkansas and Kentucky as states with a law establishing automatic equal shared parenting time.

Ohio House introduces HB14 to establish automatic 50-50 Child Custody, but is this in the best interest of the child?

A separation or divorce is a highly stressful and emotional experience for everyone involved, but for children, it can often be traumatic. Children are often left feeling shocked, angry, uncertain, or even guilty. These are all totally normal reactions. In response to these natural emotions, one of the best things parents and courts can do throughout divorce proceedings is consider the best interests of their children in regard to custody and residential parenting decisions.

In most jurisdictions, including Ohio, the “best interest” of the child standard is the basis for most custody decisions. The purpose of this standard is to safeguard a child’s mental, emotional, and physical well-being by ensuring the parents can provide the best upbringing for the child. Judges utilize this “best interests” standard when making decisions regarding custody arrangements.

Despite this long-standing best interest of the child standard, the Ohio House has recently introduced HB14 to establish automatic 50-50 child custody from the start of the case. This bill … Read More... “Should Ohio Pass a New Law Establishing 50/50 Shared Parenting in Divorce Cases?”

Divorce: Child Custody Evaluations in Ohio

Ohio Child Custody Evaluation – Supreme Court Approves New Rule

Child Custody Evaluations: Ohio Moves to Standardize Qualifications For Mental Health Professionals and Courts

The positives versus the negatives of Court ordered child custody evaluations in a divorce is still subject to debate. I posted a blog article about this controversy on January 7, 2017. Click here to read it. The same opposite positions exist today, 6 years later.

As a seasoned divorce litigator, I will share that in my opinion they can be very helpful in settlement negotiations and ultimately as evidence if custody is litigated at trial. The biggest logistical problem is finding experienced psychologists willing to perform them. That is certainly true, at least in the Dayton area anyway. There are individuals conducting them in the larger cities like Columbus and Cincinnati. This is the subject of frequent frustration of family law and divorce lawyers in Dayton wanting to move forward with this type of evaluation.

WHAT IS THE DIFFERENCE BETWEEN A GUARDIAN AD LITEM INVESTIGATION AND A CHILD CUSTODY EVALUATION?

Here are the links to three past blog articles that we have posted about GAL investigations:

Click here to read about the Updated Guardian Ad Litem … Read More... “Divorce: Child Custody Evaluations in Ohio”

Are You Looking for a Supervisor of Parenting Exchanges in the Dayton Area?

Dayton Ohio Parenting Time Exchanges Begin This Summer

PUBLISHER’S NOTE: We posted a blog about the great work being done through the Dayton Mediation Center 12 years ago. Click here to read it. They keep expanding their work and the services offered. Now they are rolling out a new program offering to supervise exchanges of kids between parents and caregivers. A great service as these exchanges can often be troublesome!

Dayton Mediation Center Offering Program To Supervise Custody And Parenting Time Exchanges

Parenting time exchanges can be difficult in many cases. I have posted several articles here about the subject because it can be such a problem. Previously on the Ohio Family Law Blog in 2020, I posted one about suggestions for making parenting exchanges go well. Click here to read it. In 2022, I wrote another one about tips for smooth parenting exchanges for divorced parents. The content in them is very worthwhile to read again!

NEW PROGRAM THROUGH THE DAYTON MEDIATION CENTER

I recently had the pleasure of speaking with Raven Cruz Loaiza, the unit coordinator for the recently established Mediation Response Unit (MRU) in Dayton Oh. The Mediation Response Unit is a program under the umbrella of … Read More... “Are You Looking for a Supervisor of Parenting Exchanges in the Dayton Area?”

How To Forgive And Let Go After Divorce

How can I forgive and let go after divorce? The difficult challenges of healing post-divorce

No matter how you look at it, divorce is painful. Your life (and the lives of your children) are changed forever. And for a time you must face challenge after challenge – a seemingly endless stream of them. Yet you know you must continue to move forward so you persevere and eventually ask yourself the question, “How can I forgive and let go of all the hurt?”

This question is important because it’s at the core of all the pain you’re experiencing over your divorce. It’s also one of the most difficult challenges of healing after divorce because divorce brings with it so many hurts, betrayals, and lost dreams.

So let me walk you through how I help my clients learn how to forgive and let go after divorce.

The first step is to truly understand what forgiveness is.

What is forgiveness?

Simply put, forgiveness is a conscious decision to release your feelings of resentment, hurt, anger, or vengeance toward a person or group who has harmed you.

What I like about this definition is that it’s all about you. It’s not about waiting … Read More... “How To Forgive And Let Go After Divorce”

Growing Up a Child of Divorce

Children of Divorce should not be taken for granted!

PUBLISHER’S NOTE:
We were fortunate to have third year University of Dayton law student Shane McDonough extern with our firm this semester. Shane worked with us on a lot of divorce cases during his externship. We discussed his parents having divorced when he was a young boy and some of the effects. This blog he wrote about his childhood is emotional and very powerful! Hopefully, his sharing it will help both divorcing parents and other children of divorce to better appreciate how divorce can impact their children’s lives. We will miss you Shane! Best of success in your legal career. Stay in touch!

Negative Actions of Divorced Parents Can Impact Children of Divorce

If there is one positive aspect of my parents’ divorce, it is that I was too young to understand what exactly was happening. I was around two and a half years old when my parents were divorced. Although I have no recollection of the divorce proceedings or the ensuing months following the proceedings, one of my first memories is a supervised visitation meeting with my dad. Since then, I was exposed to a plethora of instances where my … Read More... “Growing Up a Child of Divorce”

Tips For Texting During a Divorce

Helpful Tips Regarding Texting with your Spouse in a Divorce

Texting has become for many of us, a fast and easy way to communicate. However, when you are going through a divorce, it is important to rethink about texting your soon to be ex. In the past, I have addressed this issue, but I think it is important to designate a blog to specifically address texting and how it can impact your separation/divorce.

Did you know that the court recognizes text messages as admissible evidence? The judge’s final decision regarding alimony, custody, distribution of debts and assets, etc. may be influenced by texts that have been presented as evidence. You must be careful what you put in either an email or a text, or it may come back to haunt you. On the same note, while it might be tempting to post a snarky comment regarding your spouse on social media, such as instagram or facebook, don’t do it. Your spouse could use these posts against you in your divorce trial.

Below are some tips regarding texting with your spouse.

Texting is a fast way to respond to someone, but think carefully before you fire off a response … Read More... “Tips For Texting During a Divorce”

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