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…

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1. Thou shalt not bring your child to divorce court. The ultimate interest of the divorce court is the best interest of the child.  Unless it is requested by the divorce court, bringing your child to the court with you is not in the best interest of the child.  Children do not need to be…

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Marriages in Ohio can be ended in either a divorce or a dissolution.  A divorce is a contested hearing wherein one spouse alleges that  the other has been “at fault” under one of the statutory grounds for divorce permitted under Ohio law.  According to Ohio law, “fault” grounds include adultery, willful absence for more than…

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Internal Revenue Code sec. 1041 provides that where an asset, otherwise subject to capital gains tax, is transferred from one spouse to another pursuant to a court order, such as by decree of dissolution or divorce, no gain is recognized.  This means that if a husband transfers a house to his ex-wife as part of…

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Let the Divorce Process Begin: The Complaint for Divorce A divorce case is initiated by the filing of a document called the Complaint, which is similar to other complaints filed in other civil matters, requiring certain language and allegations, as well as a specific relief sought, to be stated in the document. Facts must be alleged…

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Divorce or Dissolution? You may be able to save time and money by following Ohio’s simplified procedure for termination of your marriage. Ohio law provides that you may file a joint petition called a Petition for Dissolution. A dissolution represents an agreement between you and your spouse agree to all issues including the division of…

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When going through divorce, a summer vacation with your kids can be a needed retreat: just cover your bases with good communication. This is the time of year when hopefully the sun is around more, the flowers begin to appear, and kids start to look forward to the coming end of the school year.  Summer vacation…

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If you live in Xenia and are contemplating a divorce or dissolution, your divorce case will be heard in the Greene County Common Pleas Court, division of Domestic Relations.  The Greene County Domestic Relations Court is a division of the Greene County Court of Common Pleas located at 595 Ledbetter Rd., in Xenia, Greene County, Ohio.  The Court’s…

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If you have retirement benefits that are subject to division under Chapter 31 of the Ohio Revised Code, you will have to file a Q.D.R.O., a qualified domestic relations order.  It is up to your attorney to make sure the Q.D.R.O. is compliant with the I.R.S. code and will be accepted by the company who…

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