Divorce Archives - Page 18 of 37 - Ohio Family Law Blog

Are There Advantages to Filing First for a Divorce in Ohio?

filing of the divorce complaint retraining orders

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

Several Strategic Reasons Why Filing Of The Divorce Complaint FIRST, Makes Prudent Sense

Unfortunately, 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.

To file for divorce in Ohio, you or your spouse has to have been a resident of the state of Ohio for no less than six months and of the county of filing for 90 days. If you submit your petition first, you can file either in the county where you live or the county where your spouse lives. While Ohio law of course applies to all divorce courts in the State, courts vary … Read More... “Are There Advantages to Filing First for a Divorce in Ohio?”

Divorce: What is a Settlement Conference?

What To Expect And How To Prepare For A Settlement Conference

A Settlement Conference Can Be Beneficial In Divorce To Avoid A Trial

Are you in the midst of a divorce? Getting a divorce can be a rough experience and emotionally difficult. Court dockets are crowded and litigating a case through a trial can take a very long time and end up being very expensive!

Many divorce Courts schedule mandatory settlement conferences routinely as part of the normal process. This is done to facilitate settlements and to reduce cases on the contested trial docket. Please note that in addition to mandatory Court ordered settlement conferences that scheduling voluntary settlement conferences outside of Court are typical and can be very beneficial. The goal in both is the same. Reach settlement to avoid trial.

What happens at the divorce settlement conference?

Each Judge and County conduct these conferences differently. Ask your lawyer to detail the process that is ahead in your case. What will the structure be? Will you be in separate rooms with the lawyers shuttling back and forth? Will the lawyers be talking together outside of the client’s presence? Will you all be in the Courtroom together? What is … Read More... “Divorce: What is a Settlement Conference?”

Blast From The Past: Dealing with the Holidays if You Are in Divorce Transition…

A blast from the past 13 years HCMM Law firm

PUBLISHER’S UPDATE: Here is a great post about dealing with the holiday season if you are going through a divorce transition. It is written by Donna F. Ferber from back on September 23rd, 2017! Donna F. Ferber, LPC, LADC is a psychotherapist in private practice for 30 years in Farmington, Connecticut. She is a licensed professional counselor, a licensed alcohol and drug abuse counselor and an educator. In her private practice, Donna specializes in issues related to life transitions. These include but are not limited to divorce, remarriage, chronic illness, loss, relocation. Donna has been a guest contributor to the Ohio Family Law Blog since 2010. We have enjoyed collaborating on several articles over the years. 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!

Divorce Transition: 10 Tips To Cope With The Holiday Season

Every major life event, whether joyful or sad, brings on a period of transition as we adjust to the “new normal.” Even though these periods of transition occur throughout our lives, each requires us to discover a new and unique path as we struggle to move through … Read More... “Blast From The Past: Dealing with the Holidays if You Are in Divorce Transition…”

What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?

divorce service of process missing spouse

Ohio Court Can Publish Divorce Complaint In Local Newspaper If The Address Of Missing Spouse Is Unknown

Typically when a divorce is filed the adverse spouse is served with the summons, divorce complaint and other required documents. This can be accomplished a number of ways as set forth in the Ohio Rules of Civil Procedure. Obtaining “service of process” is essential for the Court to obtain jurisdiction over the matter and to proceed with your case and issue orders over support, property division, custody etc. All states require that the opposing spouse receive a copy of the divorce papers typically delivered by a private process server (especially if there are any restraining orders).

WHAT DO YOU DO IF YOU LOOSE TRACK OF YOUR SPOUSE AND WANT A DIVORCE?

Most states have a law or civil rule about the requirements to utilize the service by publication provision when the address of the defendant is unknown.

Ohio Civil Rule 4.4(A) permits an individual to be served by publication when his or her address is unknown. To serve a defendant by publication when the defendant’s address is unknown, the plaintiff or plaintiff’s counsel must file an affidavit with the court indicating the following:… Read More... “What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?”

Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?

PUBLISHER’S NOTE: Five years ago, we posted an article about the The Counseling and Cooperative Parenting Center of Ohio, LLC, also known as “CCPC – Ohio”. It seemed long overdue that we post an update on this wonderful resource for families with children having been involved in a high conflict divorce case. Click here, to read our initial article about this Center from April 12, 2014. Brenda Patton, the owner and director of the Center, was kind enough to provide me an interview to discuss the evolution of CCPC. Southwest Ohio is certainly fortunate to have this resource!

SO, WHAT IS A HIGH CONFLICT DIVORCE CASE?

Ms. Patton defined it as being cases that have a “revolving door” relationship with the Domestic Relations Courts. They are the cases that are never resolved or settled. Months and/or years after divorce has been finalized, the parties are still returning to Court to resolve unsettled issues relating to support, visitation, selection of schools, selection of treating physicians, payment of medical expenses, payment of extracurricular expenses, etc.

These cases often involve multiple motions to find one party to be in contempt of court for failure to abide by the terms of the original … Read More... “Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?”

Divorcing? What do You do With Your House?

Home’s Equity To Be Divided Equally Between Two Parties In Divorce

You have agreed to a divorce. Now for the difficult and often unpleasant task of dividing the assets. Sure, you can agree who gets the tv and who gets the dishes, but the most difficult division is often how do you “divide” the house. Generally speaking, the home is considered a marital asset and the equity needs to be divided equally between the two parties.

Perhaps the home was bought by one of you before you were married. In that case it may be considered non-marital property. However, if both parties have been put on the deed or if the home was refinanced in both of your names, then the house will likely be considered marital property regardless of who paid for the house initially. Of course, if you purchased a home together during the marriage then it is definitely a marital property and the equity needs to be divided. The sticky part about splitting the value of a home is that it is not a liquid asset.

Often one of you will want to remain in the home, especially if you have children attending school in the … Read More... “Divorcing? What do You do With Your House?”

Seeing a Divorce Lawyer for the First Time – Thoughts from a Divorce Lawyers Summer Extern

A Good Divorce/Dissolution Attorney Cares, Even About The Little Things

As an extern with the Dayton, Ohio, law firm of Holzfaster, Cecil, McKnight, & Mues, I’ve had the opportunity to sit in on a number of divorce/dissolution consultations. As my time here is drawing to a close, here are a few truths I’ve gleaned from my time here at the office.

No two clients are ever the same. Some cry, some just want to get it over with, some crack jokes for most of the consultation. The occasional client will do all of the above during the course of a single meeting.
Nothing you can say will be shocking or weird or too much. This one may seem counterintuitive based on the first statement, but it is true. Every divorce is entirely unique, but after a while, the different components start to look similar.
Yes, we do listen to everything you say. Sometimes, I’ve watched clients start to look a little concerned, especially with the amount of notes that Chip or another attorney is taking. Believe me, he’s listening. Those notes also help him, or his paralegal, later figure out what exactly is best for you. A good

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