Dissolution
Visitation and Unpaid Support
Can you deny Visitation to your ex-spouse as a punishment for failing to make timely child support payments? The answer is unequivocally NO! Failure to pay support never justifies cutting off visitation. Also, if you are denied visitation, you cannot stop paying support either. The duties are separate in nature. If you are denied visitation,…
Read MoreDissolution: Make It Work!
Dissolution, No. 1 Requirement: Cooperation Proceeding first with a dissolution is often the first request of many clients – most likely because it is the cheaper option. However, if the couple cannot conceive cooperating with each other, divorce is likely the better option. For a dissolution to work, the parties must be sufficiently prepared and…
Read MoreDivorce vs. Dissolution: When Divorce Should Be Your Choice
When to Choose Divorce (Instead of Dissolution) Dissolution can be a great way to terminate a marriage, while keeping costs low, but it is not recommended in all situations. Divorce should be the process pursued instead of divorce in the following situations: A party needs immediate relief from the court; A party is absent from…
Read MoreAllocation of Parental Rights & Responsibilities (Custody in Ohio)
Allocations of parental rights and responsibilities formerly referred to as “custody” are made in all divorces, dissolutions and legal separation where there are minor children that are not the subject of another court’s orders. Allocations are made consistent with the requirements and guidelines set forth in R.C. 3109.04. Specifically, the court will consider what is…
Read MoreDivorce Property Division: Marital v. Gift
Think That Was Gift? – In Divorce, Not Unless it’s in Writing Prior to divorce couples often give each other gifts for various occasions and celebrations, or for no reason at all, but what happens to all those gifts when the couple splits-up is not so understood. In Ohio, as a general rule, any property…
Read MoreFree Legal Advice: Don't Listen to It!
DANGER, DANGER! – Free legal advice can cost you a lot! When you have problems in your life you likely talk it out with your friends and family. However, for legal advice you should only be seeking the advice of a licensed attorney in Ohio. Attorneys often offer free legal advice about divorce and other legal…
Read MoreAm I entitled to Spousal Support?
Formerly known as “alimony,” spousal support is payments to an ex-spouse which can be ordered by the Court or agreed to by the parties as part of a settlement. ORC 3105.18 sets forth that “spousal support” means any payment or payments to be made to a spouse or former spouse, that is both for sustenance…
Read MoreBe Careful of Online Child Support Calculators!!
The Child Support Guidelines are guidelines passed by the Ohio legislature which calculate support orders based upon the financial circumstances of both parents. Your attorney provides the information to the court, which will allow it to set a support amount. Many people find Ohio support calculators online, but let this serve as your warning: THESE…
Read MoreCurbside Pick-up: Not a Good Idea for Divorce
DIVORCE: Kicking your spouse to the curb – make sure you don’t put their stuff there. Often in movies or commercials when couples split-up, the wife starts throwing all the husband’s stuff into the yard, or puts it in the trash. While this is a funny scene in a commercial or movie, in reality it…
Read MoreGrounds for a Divorce or Dissolution of Marriage
Marriages may be legally ended in one of two ways–divorce or dissolution of marriage. In order to obtain a divorce, one party must allege that his or her spouse has been at fault under one of the statutory grounds. The only true “no fault” grounds for divorce permitted by Ohio is “living separate and apart…
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