Ohio Family Law Blog

The Times of the Year When Most Divorces Occur

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Do Major Holidays Impact Your Marriage And Lead To Divorce?

Weather, and holidays affect our moods, but do divorce rates spike with the seasons? According to researchers in the state of Washington, the peak months for divorce filings occur in March and August, which is the period following summer and winter holidays.

Many couples tend to steer away from filing for divorce around Christmas or Hanukah, and also around summer vacation time. These are typically special times for families and couples going through difficult times are hopeful that holiday/vacation time is a time to help mend a troubled relationship and to have a new start. People often approach the holidays or a vacation trip with high expectations, but these times can be very stressful and emotionally charged. When the occasion doesn’t live up to their expectations, the unhappiness festers.

According to the research done by University of Washington sociologists the two peak months for divorce filings are March and August. Many couples, at least with children, opt for August as it is after summer vacation and before the kids head back to school.

March Is The

Divorce: The Important Role Schools Can Play for Your Kids

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School Can Be Safe Place For Children Going Through Divorce Or Separation

When a couple divorces, the children are obviously affected by the change in living circumstances. All children react differently. Some may experience severe emotional responses. Others may be somewhat relieved as there is not that constant tension between their parents. In all cases however, there will a period of adjustment. Your child’s emotional and social well-being are at stake and how they are able to cope can have an impact on their learning. Parents should not overlook their children’s teachers and how the school can help make the transition and adjustment easier. Often when going through a divorce parents are overwhelmed and stressed and providing the support for their children without any help can be difficult.

During a separation and a divorce it is good to maintain as normal of a routine at home, but no matter how hard you try to do that, it is just not the same as it was before. When your children go off to school, it is often conceived by them as their safe place. It offers a … Read More... “Divorce: The Important Role Schools Can Play for Your Kids”

New Child Support Guidelines in Ohio Take Effect on March 28, 2019

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These Are The Changes To The New Law You Should Know About. But Does It Effect Child Support And Parenting Time?

On July 17, 2018, we first posted a LEGAL ALERT on the Ohio Family Law Blog about the passage of H.B. 366 which repealed the present Ohio child support schedule. Our current law has been in place for 25 years! Here is the link to that article.

The new law, which becomes effective on March 28, 2019, is quite complicated and a substantial change in many areas. Like many Ohio divorce lawyers, I am learning its implications and training staff with these changes. Our firm has installed the new specialized computer software needed to properly calculate child support. I have even compared a few scenarios with the schedules anyone can find online. I can tell you that those free schedules do NOT include certain adjustments that can dramatically affect the outcome.

If, after looking at the summary I have attached, you have questions I would strongly suggest that you contact an experienced family law attorney where your Order was issued to recalculate the support. … Read More... “New Child Support Guidelines in Ohio Take Effect on March 28, 2019”

Blast From The Past: Breaking Bad Habits: If Your Resolutions Are Slipping Away

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PUBLISHERS NOTE: Psychotherapist Donna F. Ferber penned this post back in 2014. It is still a good read about how to get life in balance and to do the things that we know we need to accomplish for our happiness. March is known unofficially as “Divorce” month. Typically, it is the month of the year in which the highest number of divorce cases are filed. If one of your New Year’s resolutions was to consider getting a divorce, come see at our Dayton law firm of Holzfaster, Cecil, McKnight & Mues to discuss your rights and options. In any event, try to keep working on the resolutions geared at your well-being and happiness.

Don’t Let Your Resolutions Slip Away! Tips To Break Those Bad Habits

Research shows that most people have given up on their New Year’s Resolutions by the third week of January. Here are a couple of tips that might help you beat the odds and reach your goal.

Refocus – When the urge/craving comes on for that chocolate éclair, glass of wine, or fabulous new boots, refocusing your thoughts can go a long way … Read More... “Blast From The Past: Breaking Bad Habits: If Your Resolutions Are Slipping Away”

Gray Divorce Rates Continue to Rise!

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Rate Of “Gray Divorce” More Than Doubled For Couples Age 50 And Over

When it comes to divorce, could gray be the new black? The divorce rate in the United States of couples age 50 and over has more than doubled. According to research conducted by I-Fen Lin and Susan Brown, in 1990 1 out of 10 people that went through a divorce was over 50 years or older. Presently 1 in 4 people who get divorced fall into the age bracket of 50 or over. The research showed that gray divorces aren’t just for older couples who have been married previously. In fact greater than half of gray divorces are with husbands and wives who have been married 20 years of more.

Tipper and Al Gore are a classic example of a gray marriage. Married for 40 years, and with 4 children, they had grown apart and decided to part ways. According to Tipper, there was no abuse or infidelity. Their marriage no longer brought them joy and they felt they were better apart. Like the Gores, today people are just not willing to put … Read More... “Gray Divorce Rates Continue to Rise!”

The Ohio Supreme Court Gives a Win to Surviving Spouses Over Creditors

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Ohio Supreme Court Rules That A Creditor Must Look At The Deceased Spouse’s Estate Before Pursuing A Surviving Spouse For Debt Payment

In a somewhat surprising decision, the Ohio Supreme Court on December 12, 2018, in Embassy Healthcare v. Bell provided some relief to surviving spouses for the debts of their deceased spouses under certain situations. Now, a creditor must look to the deceased spouse’s estate first before pursuing the surviving spouse for payment.

To understand the argument on both sides, one must first look to the existing statutory law. Under current existing Ohio statutory law, any creditor looking to be paid by a debtor’s estate must present a claim to the estate of the decedent within 6 months of the decedent’s death or the claim is banned forever. However, there is also the “necessaries statute” that states every spouse is directly responsible to care for his or her spouse if they are unable to do so. This has always been interpreted to mean that the surviving spouse is directly responsible for the funeral bill or last medical bills of the deceased spouse. Under R.C. 3103.03, the … Read More... “The Ohio Supreme Court Gives a Win to Surviving Spouses Over Creditors”

How Attorneys and Expert Witnesses Can Effectively Manage Each Other in Domestic Violence Cases

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Communication Crucial Between Attorneys And Experts in Domestic Violence Cases

The Trust Between Attorneys And Expert Witnesses Essential To Successfully Litigate A Domestic Violence case

It’s a slogan we all know: Customer satisfaction is priority number one. No different than a customer-salesperson relationship, a client embroiled in a domestic violence case who hires an attorney is looking for a positive result. Nonetheless, the attorney needs to manage the client’s expectations by properly informing the client of the intricacies and unpredictability of the legal process, and the client needs to understand the realistic potential outcomes.

If the lawsuit necessitates that an expert be retained, the attorney and expert need to have a relationship built on trust. This is particularly important so they can each manage the other’s expectations. How can this be accomplished? Generally, managing is a proactive, continuous effort that will change depending upon new information and developments in … Read More... “How Attorneys and Expert Witnesses Can Effectively Manage Each Other in Domestic Violence Cases”

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