Blast From The Past: Why Selecting One Court Over Another Could Be Important In Your Dissolution

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: Here is one of my favorites posts about dissolution of marriage and residency requirements in Ohio, from June 4th, 2011! 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!

Are There Residency Requirements To File A Dissolution Of Marriage In The State Of Ohio?

dissolution marriageIn order to terminate a marriage in the State of Ohio via a divorce proceeding, the party seeking to terminate the marriage must meet certain requirements as to residence of the parties.  By law, if a party is seeking a divorce from the other party in Ohio, one of the parties must have been a resident of the State of Ohio for more than six (6) months and a resident of a particular County for more than ninety (90) days preceding the filing of the Complaint for Divorce.

By contrast, if the parties in a marriage seek to terminate their marriage by a dissolution proceeding, one of the parties must have been a resident of the State of Ohio for more than six (6) months before filing their Petition for Dissolution of Marriage.  By statute, Ohio … Read More... “Blast From The Past: Why Selecting One Court Over Another Could Be Important In Your Dissolution”

Same-Sex Marriage Case Declined By U.S. Supreme Court

The U.S. Supreme Court’s Refusal to Rule on Same-Sex Marriage Cases has Broad Implications

same-sex marriage supreme courtThe United States Supreme Court recently declined to take up an issue regarding same-sex marriage.  By declining to take these cases, the court has allowed men and women to have entered into same-sex marriages in eleven states that previously didn’t allow same-sex marriages.*

By refusing to take up the appeals of these cases, they have in essence upheld the rulings that all allowed same-sex marriage.  Those new eleven states that are now required to recognize and issue same sex marriage certificates are listed below. Even more surprising is that the court did not issue an explanation (which is typical) as to why they decided not to rule on the cases.

These cases came up through the Federal Courts of Appeals.  There are 12 of these federal appellate courts in the United States.   These courts cover several states within their jurisdiction, which is how 11 states recently had their same-sex laws implemented.

To make this matter even more interesting, the 6th Circuit of Appeals Court located in Cincinnati, Ohio, which controls Ohio’s federal laws, is currently considering an appeal of same-sex marriage.  The result … Read More... “Same-Sex Marriage Case Declined By U.S. Supreme Court”

Marriage Advice for Brides – Plan Ahead!

Practical Tips To Protect Yourself If Marriage Ends In Divorce

marriageIn the season of weddings, it occurs to me that while many of us received  advice when we got married, most of it was about how to keep the relationship vibrant  (never go to bed angry) or (in my generation) how to keep your man happy (“ a way to man’s heart is through his stomach”).

While we still love the romance of weddings and marriage and hope for happily ever after, we also cannot ignore the reality that approximately 50% of all marriages end in divorce. And while NO one walks down the aisle thinking well, if this doesn’t work, I will just get a divorce, there are some important issues for a young woman to keep in mind as she makes this life-changing decision. Because, as we all know, S…T Happens.

Put your heart and soul into your marriage, work to be loving and understanding and listen well, never take each other for granted and treat each other with respect; but since there are no guarantees, make sure you take care of yourself. Your marriage may not end in divorce – sometimes someone dies – even at a … Read More... “Marriage Advice for Brides – Plan Ahead!”

Are Child Raising Strategies Causing Conflict in Your Marriage?

divorceKids cause conflicts in many marriages. How these issues get resolved has important consequences not only for your children but for the health of your marriage.

Disagreements about child rearing are not only inevitable but healthy. Discussion and debate can result in new insights and help you think about issues in a different way. Parents shouldn’t be reluctant to respectfully challenge their partner’s perspective. I like George Patton’s comment that, “if everyone is thinking alike, then somebody isn’t thinking.”

Parental conflicts are usually ones of strategy and, typically, are easy to resolve. In these situations, both parents agree on the goal but have very different paths to get there.

Amy’s parents rearranged their busy schedule to have dinner together almost every night. Four-year-old Amy was not always the most cooperative. Mom reported that several times a month Amy would cry during dinner for no apparent reason and crawl into her lap.

This was fine with Amy’s mom, who felt that her daughter simply needed some reassurance and security. Since this happened so infrequently, she just didn’t understand her husband’s overreaction. Dad felt that Amy was being manipulative and this behavior ruined dinner “almost every night.”

Since the parents had the … Read More... “Are Child Raising Strategies Causing Conflict in Your Marriage?”

Marriage: Don’t Ignore the Legal Requirements Before Getting Married, Plan Ahead!

Requirements Can Be Different In Each State For Obtaining A Marriage License

marriageAs I have done in the past, I am utilizing the experience of a family member, my son, as the basis for this family law blog article. He and Renae have been engaged for less than a year and they decided that they would like to “tie the knot” on New Year’s Eve 2012. Unfortunately, they had not looked into the marriage laws of Illinois (where they live) or of Ohio (where both used to live and where their families live) to determine the requirements for obtaining a marriage license.

On December 31, 2012, my son went to the Probate Court of Boone County, Illinois to obtain a marriage license. The Court was not open due to their holiday schedule so obtaining a license that day was impossible. Even if the Court had been open, the State of Illinois has a one (1) day waiting period between obtaining a marriage license and the date the ceremony can be performed. So, even if he had been able to obtain a marriage license that day, the marriage could not have taken place until the following day, January 1, 2013.

Next, … Read More... “Marriage: Don’t Ignore the Legal Requirements Before Getting Married, Plan Ahead!”