Ohio Family Law Blog

The Importance of Hiring the Right Divorce Attorney

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Follow These Tips To Hire The Right Divorce Lawyer For You!

Hiring the “right” divorce lawyer for you is critically important. I have written about it several times on this blog over the years. Not a whole lot has changed since my first series of Articles in December 2007 and January 2008. Click here to read the version I merged and reposted on March 3, 2018.

What has changed I believe is the increasing number of cases where parties hire and fire several lawyers who have represent them. I have one case going now where the wife is on her fourth lawyer and the case is over 2 years old. I also have several others where I am the second lawyer involved. So, I have spent some time recently reflecting upon this seemingly “new” dynamic. Obviously, each case has its own fact pattern to support the change in counsel, but it reinforces my opinion even more about the importance of dhiring the “right” lawyer at the start of your divorce representation.

Consequences of Not Hiring the “Right” Divorce Lawyer Initially

Communication Styles Don’t Mesh

A typical

Blast From The Past: What is a First Right of Refusal Clause in a Child Custody Case?

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PUBLISHERS UPDATE: Here is one of my favorites posts from back on August 14th, 2021! 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!

Are Clauses Needed In A Child Custody Case? Weighing The Pros And Cons.

Parenting time is often one of the most important issues in a divorce or custody case. Crafting the agreement allocating parenting time can be difficult. It is impossible to anticipate all the schedule changes that daily life “curve balls” can cause, such as illness, emergencies, and changes in work schedules. One solution to that problem is to incorporate a “First Right of Refusal” into the shared parenting plan or seperation agreement.

WHAT IS A FIRST RIGHT OF REFUSAL CLAUSE?

Typically, this clause requires that one parent must first offer any time he/she can’t accommodate the child during their regular parenting time to the other parent. This “offer” must be made to the other parent BEFORE attempting to make any alternate plans for … Read More... “Blast From The Past: What is a First Right of Refusal Clause in a Child Custody Case?”

Can I Make My Spouse Move out of the House?

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If it negatively impacts the children, can I force my spouse to vacate the marital residence during a divorce?

This is a frequent question all divorce lawyers are asked typically at the beginning of a divorce case. Obviously, their marital relationship has deteriorated or completely broken down for them to be considering a divorce. In legal jargon, their question pertains to obtaining an order for their spouse to vacate the marital residence and not reenter the home without the remaining spouse’s permission. This is often referred to as an Order for Sole and Exclusive Use of the Marital Residence.

Many times one spouse or the other may agree voluntarily to move out of the home temporarily during the divorce for a multitude of reasons. One of the frequent reasons is simply to avoid continued conflict and stress. It is important to note that moving out does not cause the vacating spouse to lose or in any way diminish their property interest in the home. If there are children involved, always discuss this issue with your divorce lawyer first as that decision may impact the determination … Read More... “Can I Make My Spouse Move out of the House?”

Discovery Basics in an Ohio Divorce

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Why is Discovery in Ohio Divorce So Confusing? Here are the First Steps you Should Take!

Discovery in a divorce or dissolution case can be a confusing part of the litigation process. It occurs in the initial pre-trial aspect of the proceeding. The ultimate purpose or goal of discovery is to make sure that both sides have all the relevant information about the factual particulars of the case. It is designed to avoid “trial by ambush” and to encourage negotiations between the lawyers after having a full understanding of all potential evidence. Ohio law allows for attorneys to request and receive almost anything which “could” lead to admissible evidence at trial. So, the scope of permissible discovery is very broad!

I. Discovery/Disclosure in a DISSOLUTION:

In a dissolution action, the entire proceeding is premised on each party making a complete disclosure of all his/her assets and liabilities to the other. The “discovery” is intended to be informal and cooperative as both parties need to come to a 100% agreement on all issues before the action is even filed with the Court.

Basic “discovery” is accomplished … Read More... “Discovery Basics in an Ohio Divorce”

The Basics of Temporary Restraining Orders in an Ohio Divorce

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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 … 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?

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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 … Read More... “Should Ohio Pass a New Law Establishing 50/50 Shared Parenting in Divorce Cases?”

Divorce: Child Custody Evaluations in Ohio

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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 … Read More... “Divorce: Child Custody Evaluations in Ohio”

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