Divorce in Ohio: Can the Court Order an Unequal Property Division?

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Might You Be Entitled to a Distributive Award of Property in Your Divorce Case?

divorceWhat Constitutes Normal Property Division in a Divorce?

When a divorce occurs, property and assets are to be split equitably by the Court which typically involves a 50/50 split.  This approach generally covers all property obtained during the marriage.  This is true regardless of the basis (or grounds) for the break-up of the marriage.

What Happens if One Spouse Commits Financial Misconduct?

Unfortunately, sometimes a party anticipating a divorce will commit acts of fraud, concealment or transfer property to avoid dividing any assets. When this type of conduct occurs and it can be sufficiently proven, courts may order an unequal division of property and issue a “distributive award”.  The courts are given broad discretion in deciding how to separate the assets, and this discretion is given significant deference on review by appellate courts.

Statutory Definition Regarding Property Division in a Divorce:

ORC 3105.171 states that in a divorce or dissolution:

“(3) The court shall require each spouse to disclose in a full and complete manner all marital property, separate property, and other assets, … Read More... “Divorce in Ohio: Can the Court Order an Unequal Property Division?”

Interim Attorney Fees: Filing For The Financially Disadvantaged

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How to Request Interim Attorney Fees in Divorce Cases in Montgomery County, Ohio

interim attorney feesIf you are a family law attorney practicing in Montgomery County, Ohio, you must be familiar with Local Rule 4.14(B) which reflects the following language:

“Upon the Court’s own motion or motion of either party, interim attorney fees may be awarded without an oral hearing to allow an economically disadvantaged party to be adequately represented, or to adequately represent the interests of a minor child.  The Court may award such reasonable interim attorney fees as the Court deems necessary and upon such terms as are equitable.  In matters pending before a Magistrate, the Magistrate may determine an interim fee request under the procedures provided for Magistrate Orders.”

The language of the rule raises several questions:

  1. What are interim attorney fees?

    “Interim attorney fees” are fees that could be awarded for the time between the filing of a Complaint for Divorce and the Final Divorce Hearing.  These interim attorney fees are requested so that both parties in the divorce proceeding have adequate monies to have their interests represented before the Court.

  2. Who is the “economically
… Read More... “Interim Attorney Fees: Filing For The Financially Disadvantaged”

Military Members Must Take Actions Prior to Deployment to Protect Their Rights with Their Children

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Important Steps To Be Considered For Active Duty Military Parents Facing Custody Issues

This is the second of a two-part article. Click here to read the first part discussing other important steps to be considered by military members before deployment.

militaryMilitary service in itself creates the need for maintaining a status quo in regards to jurisdiction.  The words “Home of Record” should be the key starting point in any custody order involving military families.  During the course of a military career there will be many “current”, or temporary, addresses due to changes in assignment.  It is therefore important that an initial custody order specifies that the jurisdiction will be permanently retained in the “Home of Record” where the action was first heard, unless both parties consent to a different venue.

While as a general rule, the UCCJEA provides that jurisdiction “follow the child” under the “Convenient Forum” section, military duty should be considered an exception, especially when the transience of the residential parent is in direct violation of the custody order.   Too often the residential parent simply moves the child to a new jurisdiction without required notice … Read More... “Military Members Must Take Actions Prior to Deployment to Protect Their Rights with Their Children”

Marriages: Do Couples Need More Than Love to Last?

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Research Suggests More to Just Love in Successful Marriages

Marriages Can End In Divorce About 40 to 50 Percent of the Time

marriages“All You Need is Love” may be one of the greatest songs written by The Beatles, but the premise is scientifically invalid according to recent research published in the April 2013 Monitor on Psychology.

About 40 to 50 percent of marriages end in divorce, but here’s how to beat those statistics, according to the experts who have studied successful marriages.

  1. Work hard. People who stay married for a long time make a conscious effort at working at their relationships. They place their commitment to each other as a higher priority than work, hobbies and even their children. They know that the best way to be a great parent is to be in a loving and long-lasting relationship.
  2. Talk about things that matter. It’s so easy to waste time talking about routine matters of work, family or chores. Happy couples talk about their dreams, fears, hopes and fantasies. They share very private and personal feelings and thus stay emotionally engaged with their partner. With
… Read More... “Marriages: Do Couples Need More Than Love to Last?”

Divorce Study: Are Your Siblings Saving Your Marriage?

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Divorce Rates Lowered By Number Of Siblings In Family Says Study

divorceA new study co-authored by Ohio State’s Doug Downey seems to indicate that growing up with more siblings can reduce your chance of divorce later in life.

The study conducted involved analyzing data collected by the “General Social Survey.”  This data was compiled from 1972 to 2012 and was compiled of over 57 thousand adults.  The resulting analysis led to a conclusive theory that each sibling you have can reduce your chances of divorce later in life by up to 2% each from sibling 3 to 7.

Downey, commenting on the analysis, stated that, “When you compare children from large families to those with only one child, there is a meaningful gap in the probability of divorce.”

The other co-author of the study, Donna Bobbitt-Zeher, Ph.D., discussed the findings in a different light.  Dr. Bobbitt-Zeher stated that the results weren’t only in having different relationships between siblings, but how the families changed their mind-set when another sibling was added.   Insofar as the personal relationship aspect, Downey stated that:

  • “Growing up in a family with siblings,
… Read More... “Divorce Study: Are Your Siblings Saving Your Marriage?”

Dating in Midlife: Do You Need Your Children’s Approval?

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dating in midlifeThe doorbell rings as you adjust your make-up one more time and pray that you won’t trip in your new platform sandals. You shake your head and think, “I haven’t dated in decades. What am I doing?” You take a deep breath and open the door to your date.

There is more than a 50% chance that American adults will find themselves dating in midlife. Statistics tell us that the happily ever after marriage is not always forever. Many will face divorce and some find themselves widowed. These folks grieve, they heal and then many say, “Now what?”. They enjoyed being part of a couple and find (sometimes to their own surprise) they want to do it all again.

Dating after marriage feels far more complicated. Aside from a myriad of emotional and practical issues you deal with as you consider entering the dating world, there are the issues facing your children.

Allowing your children time to adjust to the divorce/death before bringing a new person into their lives is important regardless of how old they are. While you may be thrilled that your grieving period … Read More... “Dating in Midlife: Do You Need Your Children’s Approval?”

Extracurricular Activities Can Benefit Kids!

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Study Reveals Children Who Participate In Extracurricular Activities Are Less Likely To Dropout Than Students Who Did Not Participate

extracurricular activitiesExtracurricular activities can have a significant impact on your child starting at an early age. Not only can these activities increase their capacity to advance academically, but they can create a healthy, confident young individual.  Recent studies have looked into how children react when they’re put into extracurricular activities.  You may find yourself believing that your child has no interest in extracurricular activities, but there are numerous activities your child could get involved in, including sports, music, book clubs, religious groups, game groups (board games and such), study groups, and countless others.

Study Results On Extracurricular Activities

In 1995, Ralph McNeal conducted a dropout percentage study to attempt to find coinciding evidence of children participating in extracurricular activities and a reduction in their dropout rates.   His findings were significant.  McNeal concluded that children who participate in athletics are 40 percent less likely to drop out than children who did not participate in extracurricular activities. He also concluded that a person who participates in any type of … Read More... “Extracurricular Activities Can Benefit Kids!”

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