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

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, debts, income, and expenses of the spouse.”

The statute clearly states a very … Read More... “Divorce in Ohio: Can the Court Order an Unequal Property Division?”

Divorce Study: Are Your Siblings Saving Your Marriage?

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, you develop a set of skills for negotiating both negative and positive interactions.
… Read More... “Divorce Study: Are Your Siblings Saving Your Marriage?”

Divorce – Tips on Dividing Your Stuff!

How To Divide Your Marital Property During The Process Of Divorce

divorceA Divorce is not a single event, but a series of losses, changes and transitions. There are many watershed moments in the process of dissolving a marriage. One that seems overlooked for its emotional impact is the division of the martial property.

It is easy to say, “It’s just stuff, it can be replaced”, but the accumulation of furniture, objects and even chintzy doodads of no “real value” are keepers of the couple’s stories. As the years go on, we amass possessions that hold memories and are the tangible evidence of the milestones and celebrations of the relationship. Our stuff holds our history.

There is that collection of shot glasses representing the states you visited on that cross country trip as newlyweds. There is the writing desk his grandfather made, given to both of you as you celebrated a marital milestone. There is that crazy abstract painting you bought years ago which cost you more than you could afford, but simply could not live without. There is that first piece of “good” furniture you splurged on. There are collections of books, music and, of course, photographs. All of these … Read More... “Divorce – Tips on Dividing Your Stuff!”

Divorce: How Employment Affects Men’s and Women’s Decisions to Divorce

Divorce, Employment And Marriage – An Analysis

divorceStudies have often attempted to examine the intricate details of divorce by indicating what causes it, which party causes it and how can it be prevented.  Below is an analysis of the National Institution of Health’s study by Liana C.  Sayer of The Ohio State University about how the changing spectrum of society can affect marriages.  First, we’ll review two theories, then compare these and evaluate an opinion based off of these theories.

Institutional Perspective

The study on divorce and employment is broken into two theories, the first of which is considered the “Gendered Institutional” theory.  This theory seeks to classify marriage as it has been traditionally, where the male is often the breadwinner and the female is often the caretaker of the home and children. This view is often referred to as the codified version of marriage (as most states don’t allow same-sex marriage).  This is a very traditional view on marriage as it looks to shifting of these roles since the 1980’s.

Prior to the 1990’s, female employment in the market was still considerably low.  Men dominated the market and females often stayed home and took care of the house and … Read More... “Divorce: How Employment Affects Men’s and Women’s Decisions to Divorce”

Divorce: Welcome to the Roller Coaster!

How To Ride Out The Roller Coaster Of Emotions During The Pain Of Divorce

divorce

Nothing toys with our emotions like the break-up of a relationship. Elizabeth Kubler-Ross describes the six stages of grief as:

  1. Shock
  2. Denial
  3. Bargaining
  4. Anger
  5. Sadness
  6. Acceptance

When one is going through divorce, add another feeling: FEAR.   During divorce, it is possible to feel all of these things at the same time. This deluge of emotions can complicate how the person sees, thinks and feels about the issues thus distorting their perspective when faced with a mountain of decisions.

In contrast to the above list, here are a few more (sometimes surprising) feelings people going through divorce may experience:

  • Relief
  • Joy
  • Empowerment
  • Exhilaration
  • Freedom

“Am I going crazy? How can I feel all these things, many of them conflicting at the same time?” divorcing clients often ask. No, you are not going crazy. You are going through transition. Your life is changing. A transformation is occurring. These feelings are normal.

Your feelings will change frequently, sometimes in a day, sometimes in a matter of minutes. Think of the process as a roller coaster of emotions that starts out with really, really deep lows and hardly any … Read More... “Divorce: Welcome to the Roller Coaster!”

Divorce: Time to File Now and Attempt Negotiations Later!

Four Common Reasons Why A Spouse Will Initiate A Divorce

divorceIn the arena of family law, also known as domestic relations law, there are occasions when negotiations take place with the hope that a dissolution of marriage might result or a “non-contested” divorce action might ensue.  These negotiations are intended to achieve settlement of disputed issues and to avoid the very costly and emotionally consuming action of a “contested” divorce.  But, while trying to negotiate settlement of certain issues, there are times when it becomes apparent that a divorce proceeding must be filed forthwith.  This article shall address those times when it is imperative to end negotiations and file the Complaint for Divorce.  I shall address common fact-situations that should trigger the filing of a divorce proceeding:

  1. The primary causative reason to file a Complaint for Divorce is when you have a situation with a very financially advantaged spouse (with high income) and a financially disadvantaged spouse (with little to no income).  With these circumstances, it might be necessary to initiate the divorce proceeding in order to get a temporary order of spousal support and/or child support.  If the party with the high income decides to stop paying bills
… Read More... “Divorce: Time to File Now and Attempt Negotiations Later!”

Divorce: 25 Details Often Overlooked in Negotiations!

Two Founding Members Of The International Academy of Attorneys for Divorce over 50 Compile Their List!

divorceAttorney Mark Chinn of Jacksonville, Mississippi, caught my attention with a divorce post to his family law blog about some items that are frequently forgotten in many divorce agreements. Mark is the author of three American Bar Association books about family law issues and is a frequent writer and lecturer in the field of family law. In addition to these accomplishments, we are both founding members of the International Academy of Attorneys for Divorce over 50, established in 2010.

The first eleven in the divorce list were Mark’s, the rest were some that I have added.

  1. Garage door openers
  2. Gate remote controls
  3. Extra keys to car and house
  4. Security codes
  5. Hotel credit card and airline points
  6. Utility and other deposits
  7. Tax and insurance escrows
  8. Car tag credits
  9. Overdrafts on joint checking accounts
  10. Dates to carry through insurance coverages
  11. Attorney’s fees paid with joint funds
  12. Real estate escrow account refunds
  13. Important days not addressed in the Court’s Parenting  Time Order
  14. Season ticket rights
  15. Country club membership and club access
  16. Storage unit details
  17. Dividing and copying family photos
  18. Copying documents, pictures and files from the
… Read More... “Divorce: 25 Details Often Overlooked in Negotiations!”
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