Should Parenting Time for Divorcing Parents in Ohio be 50/50? What Should be Done About Parental Alienation?

parental alienation divorce"

Parental Alienation in Ohio: Thoughts from a a divorce lawyer for 40+ years

An End To Parental Alienation With Proposed Parenting Equality Law? Ohio Representative Rodney Creech And Podcaster Kindra Beck Asks For Your Help And Testimonials

parental alienation divorceAccording to Kindra Beck, the founder of Speak Life In Stride Podcast, and a parent who had gone through a “high conflict” divorce, “There are over 22 million American adults that feel they are being alienated from their children. However, this is a global problem.” Ms. Beck is joining forces with Ohio Representative Rodney Creech (R), from the Preble County area, to try to make sure there are legislative changes enforcing parenting equality both during and after a divorce. Creech is proposing legislation that gives Mother and Father equal 50/50 parenting time “out of the gate” in a divorce.

In Ohio, by contrast, the primary custody statute states that the Court’s primary consideration in determining custody is the “best interests” of the child(ren). Ohio Revised Code Section 3109.04 states:

” (1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification … Read More... “Should Parenting Time for Divorcing Parents in Ohio be 50/50? What Should be Done About Parental Alienation?”

The Number of Weddings and Divorces are Down Locally During the Pandemic

divorce pandemic wedding montgomery county

Mongomery County Sees Drop In Divorce and Weddings According to Domestic Relations Court data.

Divorce Rates In Montgomery County Are Down, But Why Have Engaged Couples Cancelled Or Postponed Their Wedding Plans During The Pandemic?

divorce pandemic wedding montgomery countyWedding planning can be both fun and stressful, but throw a pandemic in the mix, and it can be a game changer. Due to the pandemic, many engaged couples have either cancelled their wedding, postponed it, or made significant changes to their plans.

On the flip side of the coin, the pandemic is also playing a factor with couples who are or were contemplating a divorce.

In a recent article by Cornelius Frolik in the Dayton Daily News, it is reporting the lowest number of divorce filings since the late 1990’s, according to the Montgomery County Domestic Relations Court data. The number of marriage licenses issued by the Montgomery County Probate Court is the fewest number in more than 17 years. In fact, only 2,424 marriage licenses were issued in 2020, which was significantly lower according to data going back to at least 2004.

Beth Ferrari, deputy clerk with the Montgomery County Probate Court indicates that people were hesitant to get married … Read More... “The Number of Weddings and Divorces are Down Locally During the Pandemic”

Searching for a Divorce Lawyer? Reflections After 40 years of Divorce Practice…

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Selecting The RIGHT Divorce Lawyer Vs. Selecting The Pitbull/Gladiator Divorce Lawyer. Who Would WIN?

divorce lawyerNot every divorce lawyer is built the same, not do they approach cases the same. This is not surprising perhaps, but personalities and approaches do matter when selecting your divorce lawyer. Before selecting your divorce lawyer, be sure to interview several experienced and recommended ones in your area.

There are a lot of good articles on the web laying out questions to ask each lawyer so you can evaluate their experience, communication style, present caseload, familiarity with issues like yours, etc.

Here is an Important Consideration: Are you looking for a fight or a settlement?

You should discuss this with the lawyers you interview and listen carefully to their responses. Are they the “Pit Bull/Gladiator” type? Or, are they the “Snowflake/Rollover” type? Or, perhaps something in between? I have been handling divorce issues for 40 years. Many possible clients assume that the “Pit Bull/Gladiator” lawyer is the best type for ALL divorce cases. This is not true unless you are simply looking for a huge fight or to punish your spouse. A “good” divorce lawyer is one who knows how to be strategic. I typically … Read More... “Searching for a Divorce Lawyer? Reflections After 40 years of Divorce Practice…”

Blast From The Past: Are There Advantages to Filing First for a Divorce in Ohio?

Blast from the past 13 years Ohio Family Law Blog

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

PUBLISHER’S NOTE: This blog on filing a divorce complaint is as meaningful today as it was when we originally posted it on December 16, 2019. The importance of meeting with an experienced divorce lawyer in your area to evaluate when and where to file cannot be overstated! 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!

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.… Read More... “Blast From The Past: Are There Advantages to Filing First for a Divorce in Ohio?”

Tips for Divorce Lawyers – Having Trouble Obtaining Out of State Discovery?

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UIDDA (Uniform Interstate Deposition and Discovery Act)

Ohio Civil Practice Discovery Help For Divorce Attorneys – How To Obtain Documents Outside Ohio?

uidda divorce family law discoveryAs a lawyer who focuses my practice primarily on Ohio divorce and family law cases, it is easy to sometimes forget about Ohio Civil practice discovery rules and statutes. How many of you have had difficulty obtaining documents or setting depositions with companies located outside Ohio? I suspect, most of my fellow divorce lawyers would acknowledge the frustration this has caused!

I have recently had a battle obtaining retirement statements from a plan administrator located outside Ohio. It is hard to complete needed ‘due diligence’ to value assets in a divorce  without retirement statements to determine if all contributions were marital as well as the dates and amounts of loans or withdrawals.

If you find yourself in this situation, I want to remind you to look at O.R.C. Section 2319.09 – Ohio’s Uniform Interstate Deposition and Discovery Act  . This statute was adopted in Ohio in 2016. A form of this is a model statute has now been adopted in all the States/Territories except Connecticut, Massachusetts, Missouri, Nebraska, New Hampshire, Oklahoma, Puerto Rico, Texas and Wyoming.… Read More... “Tips for Divorce Lawyers – Having Trouble Obtaining Out of State Discovery?”

Has the US Divorce Rate Dropped to an All Time Low?

divorce rate marriage pandemic

Divorce Rate In The US Continues To Drop Amidst Covid Pandemic

divorce rate marriage pandemicThe American Community Survey data released from the census Bureau recently revealed that the divorce rate in the USA has hit a record low. According to the data, 14.9 out of every 1000 marriages ended in divorce which is the lowest rate in 50 years. It is projected, that even though we are in the midst of the pandemic, the drop of divorces is likely to continue. Lower divorce rates translate to longer marriages. The new Census Data, reports that the average marriage length has increased almost one year in the recent decade. In 2010 the mediation duration was 19 years, and the length has increased to 19.8 years in 2019.

Journalists have speculated that there is a rise in divorce as a result of the pandemic, and there have been many headlines declaring it true. However according to Brad Wilcox, a University of Virginia sociology professor and the director of the National Marriage Project at the university, this is simply not true. He was recently interviewed by UVA Today. Wilcox believes that the pandemic may have given spouses a new appreciation for their spouse. It has … Read More... “Has the US Divorce Rate Dropped to an All Time Low?”

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