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Delaying your divorce? Things you should know before filing for legal separation; an unexpected court decision for you and your spouse
When I began to practice family law in 1988, there were three (3) major proceedings in the Domestic Relations Courts of the State of Ohio:
- Divorce: Wherein one party files a Complaint for Divorce and the other party generally files an Answer and Counterclaim. The proceeding is assigned to a Judge and the case is managed by that Judge and the Court. The parties’ marriage would be terminated via a Final Judgment and Decree of Divorce. A divorce proceeding generally takes nine (9) months to twelve (12) months to reach closure.
- Dissolution: Wherein the parties file a Petition for Dissolution of Marriage with a Separation Agreement attached thereto. This proceeding is characterized as being “settled” at the time of filing. A hearing is held at least thirty (30) days after the filing of the Petition and the parties marriage is terminated via a Final Decree of Dissolution of Marriage. This proceeding is generally less expensive and less traumatic/emotional as all issues are “resolved” via the
It is axiomatic that ideally it is best for children to be cared for by their parents. Yet, on an informal basis, thousands of children reside for extended periods of time with a caregiver who is not their parent. Often they are the child’s relatives, sometimes they are friends or acquaintances of the child’s family. This may be done to accommodate unique family dynamics, after-school or social activities, or for a variety of other reasons. Such time-efficient and cost-effective parenting arrangements are accomplished without involving any lawyers or signing any legally binding documents. All things being equal, is there … 
A couple weeks ago, my brother and I went back to our homeland of California to visit our parents and help them get ready for their move back to Ohio. Nothing too crazy, just packing and re-sodding the yard. And an occasional beer or two in the morning hours while we worked. Don’t judge. We were on “vacation” and that whole time change thing was happening. In any event, one morning we finished up our chores and were watching some television. While flipping through the channels we came across Nightmare on Elm Street 2: Freddy’s Revenge. Not wanting to pass up a great slasher movie, we started to watch it. About fifteen minutes in it became more of a comedy than a slasher movie. But back in the 1980s that movie was crazy scary! Like most slasher movies it had all the elements of the main characters getting messed with by Freddy until the big finale where they have to take Freddy on. By now you have … 
A recent study claims that the key to a happy marriage may be simpler than we think. According to Raluca Petrican, R. Shayna Rosenbaum and Cheryl Grady of the Rotman Research Institute, a happy marriage is comprised of partners who are especially sensitive to their spouse’s positive news and experiences.
Generally speaking, the IRS does not allow a write-off for court costs and legal fees stemming from a divorce. It does, however, offer deductions for any portions of those fees related to tax advice and alimony.
On Saturday, February 22, 2016, I had the opportunity to attend a seminar entitled “Helping Children Succeed After Divorce.” The seminar was held at the Greene County Domestic Relations Court located at 595 Ledbetter Road, Xenia, Ohio. The cost for attending the program is included in the Court’s filing fee for either a divorce, dissolution of marriage, or legal separation proceeding. The Court has three (3) two-hour seminars per month to accommodate the working schedules of all parties. Two seminars are held in the evening from 6:00 to 8:00 p.m. and one seminar is held on one Saturday per month from 9:30 a.m. until 11:30 a.m.
Throughout the years and probably over dozens of cases, the United States Supreme Court has it made clear that Native American tribes are self-governing and sovereign entities whose powers are only limited by the federal government. As a result, reservations are considered independent of state and local power. With that in mind, what happens when a state court is presented with a divorce where one spouse is Native American? Does a state court even have jurisdiction (the right to hear a case and make a decision), or power over an enrolled tribal member? Does a state court have the ability to divide Native American assets upon divorce?