Are There Advantages to Filing First for a Divorce in Ohio?

Are There Advantages to Filing First for a Divorce in Ohio?
Share this post!

Why should I file first in a Divorce Complaint? Here are the reasons.

Several Strategic Reasons Why Filing Of The Divorce Complaint FIRST, Makes Prudent Sense

filing of the divorce complaint retraining ordersUnfortunately, you have concluded that your marriage needs to come to an end. Now it is time to put on your “business hat” and plan how to accomplish that result. When feasible, a dissolution proceeding is the best vehicle to accomplish the termination of an Ohio marriage. However that approach takes a full agreement in advance of filing by both parties on ALL issues and obviously cooperation. Let’s discuss how to proceed if that isn’t in the cards.

DIVORCE COMPLAINT FILINGS IN OHIO:

There are some reasons to consider being the first to file the complaint for divorce in Ohio.

To file for divorce in Ohio, you or your spouse has to have been a resident of the state of Ohio for no less than six months and of the county of filing for 90 days. If you submit your petition first, you can file either in the county where you live or the county where your spouse lives. While Ohio … Read More... “Are There Advantages to Filing First for a Divorce in Ohio?”

Elder Abuse – What Must You or Should You Do?

Elder Abuse – What Must You or Should You Do?
Share this post!

Prevalence Of Elder Abuse On The Rise – The Signs To Look For And Contact Information

report elder abuseWith the population of senior citizens increasing at a rapid rate, so is the prevalence of elder abuse.  It is important to understand what constitutes elder abuse, looking for signs of elder abuse, who must report elder abuse and what you can do to help.

Elder abuse is knowingly or negligently causing harm or a serious risk of harm to a vulnerable adult.  Abuse includes neglect (where basic needs aren’t being met), exploitation (usually financial), physical abuse, emotional abuse and sexual abuse.

According to the Ohio Department of Aging, signs to look for include bruises, cuts or other physical harm, sudden behavior changes such as becoming less social, a caregiver who refuses to allow visitors to see the adult alone, unsafe or unclean living conditions, overuse or under-use of prescription medicine, poor personal hygiene or dehydration or malnutrition, previously uninvolved relatives showing sudden interest in the adult’s rights, affairs and possessions, unexplained sudden transfers of assets or finances to an individual, abrupt changes in a will, financial documents, bank … Read More... “Elder Abuse – What Must You or Should You Do?”

Divorce: What is a Settlement Conference?

Divorce: What is a Settlement Conference?
Share this post!

What To Expect And How To Prepare For A Settlement Conference

A Settlement Conference Can Be Beneficial In Divorce To Avoid A Trial

settlement conference divorceAre you in the midst of a divorce? Getting a divorce can be a rough experience and emotionally difficult. Court dockets are crowded and litigating a case through a trial can take a very long time and end up being very expensive!

Many divorce Courts schedule mandatory settlement conferences routinely as part of the normal process. This is done to facilitate settlements and to reduce cases on the contested trial docket. Please note that in addition to mandatory Court ordered settlement conferences that scheduling voluntary settlement conferences outside of Court are typical and can be very beneficial. The goal in both is the same. Reach settlement to avoid trial.

What happens at the divorce settlement conference?

Each Judge and County conduct these conferences differently. Ask your lawyer to detail the process that is ahead in your case. What will the structure be? Will you be in separate rooms with the lawyers shuttling back and forth? Will the lawyers be talking together outside of … Read More... “Divorce: What is a Settlement Conference?”

Blast From The Past: Dealing with the Holidays if You Are in Divorce Transition…

Blast From The Past: Dealing with the Holidays if You Are in Divorce Transition…
Share this post!

PUBLISHER’S UPDATE: Here is a great post about dealing with the holiday season if you are going through a divorce transition. It is written by Donna F. Ferber from back on September 23rd, 2017! Donna F. Ferber, LPC, LADC is a psychotherapist in private practice for 30 years in Farmington, Connecticut. She is a licensed professional counselor, a licensed alcohol and drug abuse counselor and an educator. In her private practice, Donna specializes in issues related to life transitions. These include but are not limited to divorce, remarriage, chronic illness, loss, relocation. Donna has been a guest contributor to the Ohio Family Law Blog since 2010. We have enjoyed collaborating on several articles over the years. 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!

Divorce Transition: 10 Tips To Cope With The Holiday Season

holiday season transition christmas divorceEvery major life event, whether joyful or sad, brings on a period of transition as we adjust to the “new normal.” Even though these periods of transition occur throughout our lives, each requires us … Read More... “Blast From The Past: Dealing with the Holidays if You Are in Divorce Transition…”

Disabled Individuals May Save and Invest Without Losing Need-Based Benefits

Disabled Individuals May Save and Invest Without Losing Need-Based Benefits
Share this post!

Social Security Disability Benefits

New Investment Program, “STABLE” Available To Disabled Ohioans Who Are On Social Security Disability Benefits

social security stable disability benefitsBack in 2016, then Ohio Treasurer Josh Mandel announced a new program called STABLE, which created a new type of investment account that had certain tax advantages, and was available to disabled Ohioans and their families. Ohio was the first state to create such a program, and it has since been expanded to residents of all states.

A person is considered eligible for a STABLE account if they are entitled to receive Supplemental Security Income (SSI) because of their disability, Social Security Disability Insurance (SSDI) because of their disability, have a condition listed on the Social Security Administration’s List (https://www.ssa.gov/compassionateallowances/conditions.htm), or be able to ‘self certify’ their disability and diagnosis via a certain set of procedures including a signed diagnosis from a licensed physician in most cases. Such an account allows individuals with disabilities to save and invest without losing needs-based benefits.

Participants in the program can choose from five different investment options.  Anyone, including family and friends, can contribute to an … Read More... “Disabled Individuals May Save and Invest Without Losing Need-Based Benefits”

What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?

What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?
Share this post!

Ohio Court Can Publish Divorce Complaint In Local Newspaper If The Address Of Missing Spouse Is Unknown

divorce service of process missing spouseTypically when a divorce is filed the adverse spouse is served with the summons, divorce complaint and other required documents. This can be accomplished a number of ways as set forth in the Ohio Rules of Civil Procedure.  Obtaining “service of process” is essential for the Court to obtain jurisdiction over the matter and to proceed with your case and issue orders over support, property division, custody etc. All states require that the opposing spouse receive a copy of the divorce papers typically delivered by a private process server (especially if there are any restraining orders).

WHAT DO YOU DO IF YOU LOOSE TRACK OF YOUR SPOUSE AND WANT A DIVORCE?

Most states have a law or civil rule about the requirements to utilize the service by publication provision when the address of the defendant is unknown.

Ohio Civil Rule 4.4(A) permits an individual to be served by publication when his or her address is unknown. To serve a defendant by publication when the defendant’s address is unknown, the plaintiff … Read More... “What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?”

Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?

Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?
Share this post!

PUBLISHER’S NOTE: Five years ago, we posted an article about the The Counseling and Cooperative Parenting Center of Ohio, LLC, also known as “CCPC – Ohio”. It seemed long overdue that we post an update on this wonderful resource for families with children having been involved in a high conflict divorce case. Click here, to read our initial article about this Center from April 12, 2014. Brenda Patton, the owner and director of the Center, was kind enough to provide me an interview to discuss the evolution of CCPC. Southwest Ohio is certainly fortunate to have this resource!

SO, WHAT IS A HIGH CONFLICT DIVORCE CASE?

high conflict divorce ccpcMs. Patton defined it as being cases that have a “revolving door” relationship with the Domestic Relations Courts. They are the cases that are never resolved or settled.  Months and/or years after divorce has been finalized, the parties are still returning to Court to resolve unsettled issues relating to support, visitation, selection of schools, selection of treating physicians, payment of medical expenses, payment of extracurricular expenses, etc.

These cases often involve multiple motions to find one party to be in … Read More... “Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?”

Page 38 of 128
1 … 36 37 38 39 40 … 128