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Dublin Family Law Blog

Why courts look at the best interest of the children

During the process of a divorce, if there are children involved from the marriage, the courts find it prudent to focus on the children and to make sure that all decisions are made with the children involved. Children can be especially sensitive during a divorce. It is not always easy to avoid conflict or animosity in the presence of the children all living under the same roof.

Children are smart; they can pick up on things, and know when something is awry. What they may not be able to comprehend is the reasoning why their mom and dad are no longer together or acting the way they did when the marriage was healthy and happy.

The can's and can not's of prenuptial agreements: part 2

Last week we touched on some of the many benefits and reasons to consider creating a prenuptial agreement, often called a prenup, prior to a marriage. The benefits are vast. Although a prenup can be created and become valid without the advice or help of a legal professional, there are certain things that a prenuptial agreement cannot contain. Failing to abide by the law may render certain parts of the prenup invalid, or could void the entire document.

Two large factors that go into a divorce are child custody and child support. Because a family's situation is ever-changing and the courts put an emphasis on preserving the best interests of the child, one cannot include any provisions regarding child custody or child support. These are for the courts to determine if you are involved in a divorce. The prenup in many states cannot contain the right for a spouse to waive alimony. Even if allowed, it could influence how a judge treats the rest of the document.

3 differences between divorce and dissolution

Ending a marriage is never ideal, but there are some ways of doing it that are far less painless than others. You likely already know what a divorce entails, but you may be less familiar with the process of dissolving a marriage. Each of these has its own pros and cons that you should be aware of, and one is not necessarily right for every couple.

These are the major differences to take into consideration when you are seeking to separate.

The can's and can not's of prenuptial agreements: part 1

The last thing a couple on the months, weeks or days before a wedding want to think about or discuss is the potential of the marriage failing and ending in divorce. As we all know, however, the reality of marriage in the United States, including the Dublin, Ohio, and surrounding area, is that about half will ultimately end in divorce.

The divorce process can be long, expensive and mentally and psychologically draining. Add to it the fact that emotions are inevitably running high, and it may become even more difficult to make rational decisions in your best interests. More and more often, couples on the eve of marriage are creating prenuptial agreements, or prenups. Having a prenup can make things far easier in the event of a divorce, but for establishing rules and procedures for financial decisions during a marriage.

How is alimony determined?

While in a divorce, there are countless things that need to be considered. The divorce process itself can feel overwhelming. Things can be easier if there are no children involved, but that does not necessarily mean it will be any less stressful, especially when one is looking at their new future.

Anthony Weiner in a contentious child custody battle

The terrible tale of the downfall of rising political star Anthony Weiner could prove to be a valuable lesson for those involved in a child custody battle in divorce court. Last week, former New York Congressman and New York City mayoral candidate Anthony Weiner pled guilty to transferring obscene materials to a minor. He will be sentenced to a prison term between 21 and 27 months. In addition, he will lose his smartphone and will be forced to register as a sex offender. But his future with his family might be most damning to him.

How is adoption determined in Ohio?

As well-intentioned as a couple may be in making the decision to adopt, it is not an easy process. Laws vary throughout the United States, but here in Ohio, anyone except a separated couple may adopt. This includes an unmarried single person or married couple, gay or straight, has the right to adopt. For children twelve years of age or older, the child must also provide consent to the adoption.

What child custody arrangements does Ohio accept?

The answer to this question is not as simple as assembling a list and providing a description of each type of custody. Individual circumstances are unique and the courts of the state have an obligation to make determinations of child custody only after examining the circumstances of each case.

It should come as no surprise that the particular situations can be as unique as the participants involved in them. Indeed, as events of just the past few years attest, attitudes about relationships, parenthood and what a family looks like are not as uniform as they once were. What parents should be able to take to the bank is that the courts will decide custody matters according to what they perceive to be in a child's best interests.

What you should know about divorce mediation in Ohio

If you are beginning the divorce process in Ohio, you will likely encounter the concept of mediation somewhere along the way. Your judge may refer you to mediation during your case, or you may request mediation yourself.

Bringing your disputes before a mediator can offer several benefits for divorcing couples. In mediation, divorcing couples may resolve any issues they would otherwise litigate, including property division, shared parenting arrangements, parenting schedules and more.

If you think you don't need an estate plan, think again

The very use of the term estate in the context of estate planning is something of a problem, don't you think? Consider – what do you think of as an estate? Downton Abbey? The Breakers? Big structures with hundreds of years of history are the common image of what constitutes an estate.

You won't find many places like that in Ohio, but the truth of the matter is that the Buckeye State is literally covered with estates. Every house, every farm, every piece of property owned by an individual represents an estate. Yet, by most estimates, preparing for the bequeathing of assets after death is still on the to-do list for many estate owners – and it's probably somewhere near the bottom.

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