Ohio Family Law Blog

Increase in Domestic Violence Filings in Montgomery County in 2019

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Call The Police First When Facing Domestic Violence Issues?

In the last 4 years in Montgomery County the Montgomery County Domestic Relations Court has cited that they have seen a 40 percent increase in the number of civil protection orders. Anyone, man or woman, can go to court and ask for a civil protection order from another individual, if they feel threatened or endangered by that individual. There is not a fee involved to file the order, and the person filing can get a hearing immediately. The purpose of the order is to forbid the threatening party from contacting or going near the individual who feels endangered.

Of course there is no guarantee that the civil protection order will keep an individual safe from further harassment or even violence. The Montgomery County Relations Court is finding that issuing protection orders is consuming greater than half of the entire caseload. Chief Judge Denise Cross believes that in many cases the protection order serves it’s purpose and as a result the abuser does leave the victim alone. Judge Cross says that the first step for anyone who feels concerned … Read More... “Increase in Domestic Violence Filings in Montgomery County in 2019”

Legal Separation in Ohio: What Does it Legally Mean?

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Everything You Need To Know About Legal Separation In Ohio [But Were Afraid To Ask!]

Ending a relationship can be frustrating. Likewise, understanding the process involved can be confusing. In Ohio, there are only three ways legally to terminate a marriage: divorce, dissolution, and annulment. While those three ways are the only methods to terminate a marriage legally, a couple can also seek what is known as a “legal separation.”

What is a legal separation?

Black’s Law Dictionary defines separation as “an arrangement whereby a husband and wife live apart from each other while remaining married, either by mutual consent (often in a written agreement) or by judicial decree.” A legal separation involves a court order where the spouses remain married but live separately. The court order allows the court to issue orders concerning division of property, spousal support, and visitation and custody when there are minor children involved. With a legal separation, unlike a divorce or dissolution, the marriage is still intact.

How do I get a legal separation?

A common misunderstanding is that individuals can simply declare they are separated and do … Read More... “Legal Separation in Ohio: What Does it Legally Mean?”

Keep Your 2019 Calendar if You Might be Divorcing…

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Can A Past Calendar Of Daily Events Make All The Difference In Divorce Cases?

Don’t Throw Away Calendar From The Past. Document Of Events Can Be Important In Divorce And Custody Issues

It’s a new year. Out with the old and in with the new! The New Year’s Eve party blowers and hats are put away and you are ready to start a fresh new year. Getting organized is a priority for many. If you are like me you have had your calendar for the upcoming year purchased in November and have been diligently recording doctors appointments as well as other upcoming events.

So, it just makes sense to throw away that calendar from the past year. But wait! If you are in the midst of a divorce, or even contemplating if that’s a road you are going to take, getting rid of the previous calendar is a huge mistake. After all it is basically a documented story of your and your family’s daily life.

In a divorce proceeding, especially if there may be custody issues, you will be asked to reproduce your children’s past events, … Read More... “Keep Your 2019 Calendar if You Might be Divorcing…”

Blast From The Past: NEW YEAR’S RESOLUTION: MAKE A WILL

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PUBLISHERS NOTE: With a new year upon us, it is always good to set an attainable New Year’s resolution. With that in mind, we look back on an Estate Planning blog article from January 5, 2019. According to a Caring.com survey, only 42 percent of adults have even a simple will, and for those with minor children, the statistic is even worse-only 36 percent. Estate Plans should also be reviewed occasionally to determine if updates are needed. Don’t put it off any longer. For the sake of your loved ones, put an effective estate plan in place.

A Simple Will Will Provide You With Benefits Many Years Down The Road

It’s that time of year when best intentions are set forth and New Year’s resolutions are made. However, according to U.S. News and World Report, by February over eighty percent of those resolutions have been broken. For many, it is time to make a very important resolution that is easy to keep and will provide benefits for years to come. Make a will.

Many of us have heard or read lately of some of the … Read More... “Blast From The Past: NEW YEAR’S RESOLUTION: MAKE A WILL”

Postnuptial Agreements in Ohio – What is the Current Status?

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PUBLISHER’S NOTE:

Finally Ohio has joined 48 other states and is now permitting postnuptial agreements to be executed and recognized. This is extremely significant news for married couples in Ohio! Click the following blog articles about this law change. Also, please see our new Postnuptial Agreements help page by clicking here.

Will Ohio Allow Postnuptial Agreements And Amendments To Premarital Agreements? Proposed Changes Underway

Ohio has long recognized premarital agreements. A premarital agreement is a legal contract entered prior to marriage and in contemplation of marriage by two individuals to address the ownership and division of their property and property interests in the event of death or divorce. However, Ohio is in the minority in that Ohio has historically not allowed postnuptial agreements, which are agreements entered into between spouses after they are married. I wrote a blog article on postnuptial agreements on December 31, 2011. Click here to read it.

There are a couple of exceptions to this rule. Ohio Revised Code … Read More... “Postnuptial Agreements in Ohio – What is the Current Status?”

Are You and Your Spouse Continually Fighting Over Money?

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Financial Counseling Could Save Your Marriage

Fighting Over Money Issues Can Lead To Divorce According To Studies. Is Financial Counseling The Answer?

Many couples tend to argue and fight over money and other financial issues. According to many studies, fighting over money issues is one of the top 3 reasons couples end up divorcing. Those arguments can be about a myriad of “money” issues including:

Spending and Savings habits
Whose money is Whose?
Who is in Control?
The Value of Budgeting
Past, Present and Future Debts

Financial Counseling To The Rescue?

As a lawyer primarily focusing on divorce work for over 40 years, I can tell you that I see the “marriage casualties” everyday which excessive debt accumulation and living over one’s means can cause. Research from TD Ameritrade shows that people would rather discuss sex, politics (and about everything else), before money and financial issues. Even when the couples have gone through pre-marriage counseling, money issues can swamp the parties often causing divorce. So, what do you do if you find yourself in this situation?

Recently, I have noticed a fairly new trend to offer folks … Read More... “Are You and Your Spouse Continually Fighting Over Money?”

LEGAL ALERT: The New SECURE Act – A Boon for Seniors But Not so Much for Their Heirs

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Is The New Secure Act Too Good To Be True? Eligible Designated Beneficiaries Not Affected By New Law Signing

The president recently signed into law the Secure Act, which goes into effect on January 1, 2020, and which is an acronym for Setting Every Community Up for Retirement Enhancement Act. As the name suggests, the focus of the secure act is on retirement planning, but has several provisions. These provisions include raising the age for required minimum distributions of IRAs and 401Ks from 70 ½ to 72; allowing working individuals to make contributions to IRAs after age 70 ½; allowing small businesses to join group 401K plans; allowing 401K plans to include annuities; and allowing 529 plans to repay up to $10,000 in student loans.

The biggest positive changes are that you now no longer have to start taking minimum distribution from an IRA at age 70 ½, but can wait until you reach age 72 and also that if you are still working, you can continue to make contributions into an IRA after age 70 ½. These changes are meant to address the reality … Read More... “LEGAL ALERT: The New SECURE Act – A Boon for Seniors But Not so Much for Their Heirs”

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