I’ve Been Served with a Divorce, Do I Really Need to Talk With A Lawyer?

experienced divorce lawyer

Schedule An Appointment With An Experienced Divorce Lawyer

Avoid “Getting The Shaft”, Talk To An Experienced Divorce Lawyer!

experienced divorce lawyer ohio

Like most veteran divorce lawyers, I have seen lots of situations where a party ignores a summons and complaint for divorce, to his/her peril. The excuses I frequently hear are:

  1. I’m too busy;
  2. We have only been married for just a short time;
  3. My spouse will treat me fairly;
  4. I don’t need to spend money for a lawyer
  5. I am too depressed to deal with it, and if I ignore it, I can fight it later if necessary; or
  6. My spouse will get everything anyway since I have been a lousy spouse.

Truthfully, all of these “excuses” are poor ones. Scheduling an appointment with an experienced divorce lawyer is not an expensive pro-active investment. Some lawyers even offer a free initial conference.

What will happen if you simply ignore the divorce filing?

  1. The case will be set for a non-contested default hearing;
  2. Your spouse (and his/her divorce lawyer) will submit a Final Decree of Divorce for the Court’s approval;
  3. There will be little inquiry by the Judge if the facts are correct or the orders are fair or equitable;
  4. No
… Read More... “I’ve Been Served with a Divorce, Do I Really Need to Talk With A Lawyer?”

My Ex Is Named As Beneficiary On My Life Insurance Policy? What Happens If I Die?

life insurance policy beneficiary designation divorce

Divorce Effectively Acts As a Termination of the Beneficiary Designation..Right?

life insurance policy beneficiary designation divorceAn issue that comes up more often than many may think is the following scenario:  One spouse names the other spouse as beneficiary of a life insurance policy.  Couple gets divorced. Beneficiary designation is never changed.  Policy owner dies.  Does the ex-spouse get the life insurance proceeds?  For many years, this question was covered by case law arising from different jurisdictions, with some jurisdictions coming to the conclusion that if the beneficiary designation wasn’t changed, the ex-spouse still received the proceeds and others concluding that the divorce effectively acted as a termination of the beneficiary designation.

Clarity has been brought to this issue as it is now covered by statutory law here in Ohio, namely Ohio Revised Code Section 5315.33, which states that the termination of marriage revokes the designation of a spouse as a beneficiary.  Two exceptions exist.  One is if the designation of beneficiary or the judgment of decree granting the divorce specifically provides otherwise.  Second is if the parties later remarry each other.  Other than under those two exceptions, the termination of the marriage terminates the beneficiary designation, and the ex-spouse is deemed by law to … Read More... “My Ex Is Named As Beneficiary On My Life Insurance Policy? What Happens If I Die?”

Can I Change my Mind After Signing Divorce Papers in Ohio?

divorce dismissal

Second Thoughts? Dismissal May Be Permitted Based On How Far The Divorce Case Is Along

divorce dismissal

The answer to this question likely depends on how far along your divorce case has progressed, as well as the reason to dismiss it. The earlier in the preceding you decide, the more likely the answer will be “yes”.

  • Withdrawal of Complaint: If you have just filed the complaint for divorce and no answer has been filed by your spouse, you may dismiss your complaint without permission of the Court. No problem!
  • Dismissal After Your Spouse Has Filed an Answer/Counterclaim:  At this point both parties have requested a divorce. Even though you had initiated the case, you do not have the option of dropping the whole case. If you dismissed your complaint, your spouse could proceed with his/her request for a divorce. The simple solution is for both sides to file a joint agreed upon dismissal entry signed by all parties and the lawyers. The Court would allow that as long as all Court costs have been paid.
  • Dismissal After Trial (But before a Decision). So, this point would arise very far down the pike. Most divorce cases typically take the better part of
… Read More... “Can I Change my Mind After Signing Divorce Papers in Ohio?”

Common Law Marriage in Ohio – Does it Still Exist?

common law marriage ohio

Ohio No Longer Recognizes Common Law Marriage After 1991

common law marriage ohioI’m sure most, if not all, have at least heard of the term “common law marriage“. By legal definition, a common law marriage is a marriage that doesn’t quite rise to the level of a legal, formal marriage, but is created by the two parties, who co-habit together and hold themselves out to their community as married. A legal marriage has a licensing component, and a certain level of solemnization requirement that might not be met by a common law marriage.

While common law marriages aren’t scarce, they are less common than they used to be. Prior to the widespread availability of easy transportation and the internet, people in remote areas of the country, especially out west, would need to wait around for the circuit-riding pastor to arrive in order to officially wed. Without a formal schedule, people began to pair off and held their own ceremonies before their family and friends and would hold themselves out in the community as married, even without all of the official paperwork being filed. After so long, no one really recalled that so-and-so weren’t actually legally married by the pastor.

Marriage Is

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Blast From The Past: Consider the Impact of Divorce on Your Adult Children

adult children divorce

PUBLISHER’S NOTE: Here is a great post about the impact of divorce on your adult children. It is written by psychotherapist Donna F. Ferber from back on May 29th, 2010! 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!

How Much Personal Information Should You Share With Your Adult Children? Confiding To A Child Of Divorce Puts The Child In A No-Win Situation

adult children divorceIt’s a misconception that when parents divorce it doesn’t affect adult children. It is important to remember that our children may be adults (and even may have experienced divorce themselves), but they are still children of both parents. In going through divorce, many parents “lean” on their children, making them into confidantes and, sometimes, surrogate spouses. Children, even adult children, are uncomfortable with details of their parents’ personal life. Confiding to a child about a parent’s indiscretions puts the child in a no-win situation.

Many of the adult children I have spoken with say that they are shocked and angry by their parents’ behavior. But as the child, they continue to want the relationship. Giving adult children inappropriate … Read More... “Blast From The Past: Consider the Impact of Divorce on Your Adult Children”

Divorce and Digital New Age Communications and Technology

divorce social media

The Serious Impact Social Media May Have On Divorce Case

Social Media And E-Mail Correspondence May Impact Divorce Case

divorce social mediaOkay. I am showing my age. But I remember when the practice of domestic relations law was so much simpler in many ways. How many of you even remember the old IBM Selectric typewriter or even carbon paper! I do. In my 40 years of practice I have seen the advent of word processing, the internet, Fax machines, copy machines, computers (that network together), cell phones, email, texting, an explosion of software applications not to even mention Google and all the social media platforms!

Those times are in the past. Life has changed dramatically. We are now bombarded with voice messages, texts, emails, Facebook posts, Tweets, LinkedIn, IM’s and many more technological advances. Some folks have literally become “hooked” on their devices and these social platforms. Their lives seem to revolve around personal information that they post on Facebook, YouTube, Instagram, Twitter, WhatsApp, Tumblr and many others too numerous to list.

Going Through A Divorce? Take A Break From Social Media

If you think the posts are secret, think again. Nothing on the internet is truly secret. We have written about … Read More... “Divorce and Digital New Age Communications and Technology”

Commissions and Ohio Child Support – A New Ohio Supreme Court Decision

Alert Key Legal Update

Ohio Supreme Court Rules One-Time Commisions To Be Excluded In Gross Income Calculation Of Child Support

child support gross income supreme courtUnder the new Supreme Court Decision, A.S. v. J.W., 2019-Ohio-2473, which was decided on June 25, 2019, commissions that are one time award are not to be included when calculating gross income for child support calculations.

When child support is calculated for a divorce settlement, the court bases the amount on the a number of things, including the gross income of each parent. Gross income, according to the statute (O.R.C. 3119.05(D)) includes the yearly average of pay, plus the average of any bonuses or overtime earned. The Court then can either average those totals from the past three years, or use the most recent year’s information.

The issue that the Court grappled with was to whether commissions are to be included in the calculation of ‘bonuses or overtime’ earned. In part of the statute, it is included in the list, and not included in another part of the statute. This leads to what us lawyer types call ‘confusion’.

To sort through the statute, the Supreme Court looked at the specific case before them. In this case, Mother had primary custody and sought a … Read More... “Commissions and Ohio Child Support – A New Ohio Supreme Court Decision”

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