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Divorce

St. Patrick’s Day and Divorce

Don’t Rely on the Luck of the Irish to Protect Your Case on St. Patrick’s Day St. Patrick’s Day is a great holiday to celebrate with friends and family, and the only time of year to drink as much green beer as anyone could want.  When you are recently separated, divorced, or involved in another…

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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,…

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Child Support FAQs (by Ohio Divorce Attorney)

CHILD SUPPORT FAQs What are the child support guidelines? The Child Support Guidelines are guidelines are the rules passed by the Ohio legislature which calculate child support orders based upon the financial circumstances of both parents. These guidelines are presumed under the law to be the correct. (R.C. 3119.03) Your attorney provides the information to…

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Divorce 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…

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Temporary Orders and Divorce

After the formal filing of the divorce “Complaint,” you may pursue restraining orders to prohibit your spouse from taking actions that may dissipate the marital assets.   If appropriate, you may also be able to go to court to ask for reasonable support during the pendency of the divorce proceedings.  Typically, the court will restrain both…

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What is Required to Change Child Custody?

If your current court order is no longer working, you may be able to change your child custody arrangement. When one party has sole legal custody there must be a substantial change in circumstances with the legal custodian’s living situation or conduct before the court would consider modifying the existing child custody arrangement.  In a…

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Visitation Rights – Answers to Common Questions

In Ohio, each county has a “standard parenting time” schedule to determine visitation rights.  This schedule is used as the starting point and provides the parties with an idea of what the court would do with visitation absent evidence overcoming the presumption.  Visitation can only be determined by the courts.  A court may order a parenting…

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Allocation 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…

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How Long Will My Ohio Divorce Take?

Duration of Divorce: All Depends on Cooperation You can get married in a minute, but ending the marriage will take a little longer.  How long will your process last? – The best way to answer this question is to ask how much cooperation can you expect from your ex-spouse?  A high level of cooperation and trust will…

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Divorce 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…

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