New Year, New Divorce? Things to Consider First!

Scrabble letters spelling divorce

divorce januaryExperts say that January is the most popular month of the year for couples to file for divorce in Ohio. With the hustle and bustle of the holidays (Thanksgiving and Christmas), it is common for couples to put off their divorce plans until after the first of the year. Even though many couples are struggling with their marriage before the holiday season, they tend to push back getting a divorce in order to make the holidays more enjoyable and memorable for their kids.

According to Cathy Meyer, who founded DivorcedWomenOnline.com and is a certified divorce consultant stated, “Dissatisfied husbands and wives begin searching for information on divorce immediately after the holidays”. She has experienced a huge increase in page views and searches the day after Christmas. People start looking for information before the New Year starts, but they cannot do much until the attorneys are back in the office, making January 12-16 the magic week for filings.

Courtney Stovall, founder of BounceBack.com, says that while it may be important to realize popular times for divorce filings, one should not ignore the heartbreak in the off months. “Statistically, sure several studies have come out that show that January has the … Read More... “New Year, New Divorce? Things to Consider First!”

Prenuptial Agreement: How to Ask for a Prenuptial and Avoid a Break-Up!

prenuptial divorcePrenuptial agreements are daunting to bring up to one’s significant other and many individuals fear bringing up the topic. Many individuals worry that the prenuptial discussion will cause problems, such as making their significant other feel as if they are not trusted or as if there is an anticipation of a divorce in Ohio via a lack of commitment. However, research has shown that having a prenuptial agreement may in fact strengthen a relationship. Did you know that According to a survey of the American Academy of Matrimonial Lawyers (AAML), 63 percent of divorce attorneys say they’ve seen an increase in prenuptial agreements  over recent years? This is NOT just a male thing either.  Forty-six percent of these lawyers also noted an increase in the number of women initiating requests for prenuptials.

Moreover, there are benefits that may arise from having a prenuptial such as:

  1. A prenuptial can simplify a divorce by addressing the subjects of spousal/child support, the division of debts and assets, and so on…
  2. A prenuptial can also reduce the cost of a divorce simply because it hopefully removes almost all costs associated with a divorce trial (attorney’s fees, court costs, document fees, etc.)

I strongly suggest … Read More... “Prenuptial Agreement: How to Ask for a Prenuptial and Avoid a Break-Up!”

Cohabitation Can Lead To Spousal Support Termination

Love After Marriage For All: How Cohabitation With Another, Regardless Of Sexual Orientation, Can Trigger A Termination Of Spousal Support Post Divorce

cohabitation divorce spousal supportI couple weeks ago, I attended a very exciting and thrilling divorce seminar (said no one ever) where a portion of it was dedicated to giving an update on divorce court forms to reflect gender neutral identifiers for the divorce parties.  For example, instead of using husband and wife, the court forms will now use spouse 1 and spouse 2 or other similar gender neutral identifiers.   I still say the classic Plaintiff and Defendant identifiers are easier, but it is not my courthouse.

I imagine a majority of courts around the country, except perhaps for the Deep South, are adjusting appropriately to be in compliance with the U.S. Supreme Court’s historical decision finding state laws that prevented same-sex marriages are unconstitutional.  Which also meant that divorce statutes and divorce case law had to catch up with same-sex marriage.  One such aspect of divorce law that needed to catchup with the times was addressed by the Supreme Court of Virginia.

In Luttrell v. Cucco, Luttrell moved the trial court to terminate his spousal support obligation based on his … Read More... “Cohabitation Can Lead To Spousal Support Termination”

Divorce: Sudden Divorce Syndrome in Ohio

Can Sudden Divorce Syndrome Impact You Both Emotionally And Legally? What You Need To Know

Sudden Divorce Syndrome ohioSudden Divorce Syndrome (SDS) refers to a situation that occurs, most often in a man’s life, where his spouse, without any signs, wants a divorce.  Perhaps the most publicized SDS (Sudden Divorce Syndrome) case involves Mr. Martin Paul.  Mr. Paul discusses how he was nearing retirement, wasn’t having any ill feelings towards his wife, and had even been planning numerous vacation and relaxation events for himself and his wife together.  Unbeknownst to Mr. Paul, his wife had other plans.  She blindsided him when she announced that she wanted a divorce.  Following the completion of the divorce Mr. Paul was devastated. He was unable to cope with the loss of his family and the accusations his wife threw his way.  He overdosed multiple times but each time was able to dial 911 in time.  Mr. Paul now lives overwhelmed with the  memories of his past life and now considers himself a “broken man.”

Martin still loves his wife and was completely unaware of her desires for a divorce.  This quick onset of divorce is referred to as “sudden divorce syndrome” and while you won’t … Read More... “Divorce: Sudden Divorce Syndrome in Ohio”