Divorce creates uncertainty in the lives of the children of divorcing parents. Kids emotions during divorce processIt’s not uncommon for children to blame themselves for the problems that occurred in the marriage. They may think that if only they had been a little better or more fun, the marriage would have survived. Because of this […]
Can I Get a Modification to a Divorce Judgment or Order?
There are certain subject matters that are addressed in a Divorce judgment or Order that are subject to being modified by the Court in the future. Generally, those would include issues related to the parties’ minor children, and, if there is an order of spousal support, whether the amount and/or length of the spousal support […]
How Does the Court Divide Marital Property?
The basic legal principal in Ohio in regard to the division of marital property and debts is that they are to be divided equally, 50/50. Nevertheless, the Court has the right to determine that under the circumstances of a particular case, it would be more “equitable” for the property and/or debts to be divided in […]
Does It Make Difference If I File First for My Divorce?
For the most part, it does not matter who files a Divorce action first. There is one county in Southwest Ohio however, where this may make a difference, as the Judge in that Court may issue Temporary Parenting and Support Orders based solely upon the information and documentation provided by the party that initially files […]
Do I Have to Go to Court for My Divorce?
The simple answer is “yes”, because even if you are able to resolve all of the issues incident to the ending of the marriage by agreement and outside of the formal Court process (i.e.: through the Collaborative Divorce Process, Mediation, or negotiating with the other spouse and/or his/her attorney), it is still necessary to proceed […]
What Are the Requirements for Filing a Petition for Divorce in Ohio?
Technically, it is a Complaint for Divorce in Ohio, and a Petition for Dissolution. The process for filing a Complaint for Divorce involves the preparation of a document called a Complaint. In that Complaint certain jurisdictional facts regarding the residency of the party within the State of Ohio and within the county in which that […]
In a Traditional Divorce, How Does the Court Determine Who Gets Custody of the Children?
If that is a decision that the parents leave for the Court to decide, then, to some extent, it will initially depend upon the particular Southwest Ohio County in which the divorce proceeding has been filed. Some of the counties in Southwest Ohio have Court Parenting Departments consisting of people who are employed by the […]
What is a no-fault divorce?
In Ohio, a “no-fault divorce” can mean a couple of things. Technically, there is no such “divorce” in the Ohio law. From the standpoint of what that may mean to someone who is not a Domestic Relations Law attorney however, what is generally referred to as a “no-fault divorce” may be what is technically called […]
Do I Need a Lawyer for My Divorce?
There are two answers to that question. Technically, the answer is “no”. Neither party to an action involving the ending of their marriage is required to be represented by an attorney. This is true even if the other spouse is being represented by counsel. In my opinion, however, the answer is absolutely “yes”; you should […]
How Do You Prepare to Meet with a Divorce Lawyer for the First Time?
Before meeting with the attorney, the prospective client should consider the questions that he/she wants to be certain to ask the attorney. It is a good idea to write those questions down in advance of the meeting. Beyond that, it is my experience that someone who is interested in meeting with an attorney to discuss […]