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Dublin Family Law Blog

Decisions regarding spousal support depend on many factors

Ending a marriage can be a financially risky process, particularly for an Ohio resident who has depended on a spouse's income. In a divorce, a person may lose access to the financial support they enjoyed when they were married, may lose property that they shared jointly with their ex-spouse and may incur new costs as they are forced to find a new place to live. For a person who does not work, getting a divorce can be downright scary from a financial perspective.

However, the courts recognize that not all contributions to marriages are financial, and that it is not uncommon for some individuals to give up their careers and opportunities to earn money in order to support their loved ones. It is often the case that a person may choose to stay home and raise their children while a spouse works for an income so that as a family they have balance.

Should a parent fight for joint physical custody of their child?

Giving up time with one's child is one of the hardest things that a parent in Ohio may have to endure when they choose to seek a divorce from their spouse. This is because a divorce forces two married people to return to their separate and single lives and to divide up what they share into new living arrangements. This can also mean dividing up the time that each gets to spend with the kids they share.

In Ohio, child custody decisions are made based on the best interests of the individual children who appear in the family courts of the state. That means that while some children may benefit from moving back and forth between the homes of their parents in joint physical custody arrangements, others may need the stability of a single home. To this end, parents can fight for joint physical custody of their kids, but should expect that the courts may rule against them if such plans will not serve the needs of the children.

Meeting the requirements of a valid will in Ohio

As Ohio residents say goodbye to 2018, they may consider proactive steps they can take to make their futures as secure and carefree as possible. While saving for retirement and providing for their families is often high on their lists of things to accomplish, planning for the disposition of their estates should also rank at the top of their lists. Although estate planning can feel like something that can be put off, everyone should have some basic testamentary documents in place to protect their wealth and assets in the event of their passing.

One of the most familiar estate planning tools that Dublin residents may elect to execute is a will. A will is a document through which a person can communicate their desires for how certain assets should be distributed to beneficiaries. It is also a tool that individuals can use to identify custodians for their minor children.

What is the difference between divorce and dissolution?

As you contemplate moving forward with ending your marriage, you may find a few options available to you. Maybe you know for sure you do not want a legal separation, which is like a divorce, except you stay legally married. However, you may not know if a regular divorce or a dissolution is right for you.

The two lead to the same result but take different approaches to get there. Understanding how each works can help you make the right choice for your situation.

Making good choices about divorce in 2019

With the coming of a new year, people think about goals they want to set for themselves and big changes they want to make in their lives. For some people, this means getting a divorce. Making the difficult decision to end a marriage can be painful, but for some people it is the best way to get out of a bad situation and get on the path to a happier and more productive life.

However, it's important for everyone to remember that, while deciding to end a marriage is a personal decision, divorce itself is a legal process, with profound financial implications that can help or hinder one's ability to live independently after the divorce is finalized. For parents, the divorce process also affects relationships with children.

Requirements for qualifying for an international adoption

Families grow through the birth of infants and the adoption of children. While some individuals seek to adopt children from here in the United States, others find that their children are living in countries far and wide. International adoption is an option for Ohio residents who wish to share their lives with kids who are residents of foreign lands.

The U.S. Department of State is involved in the international adoption process. Through the Hague Convention, certain rules and regulations are in place to ensure that children who are adopted out of their birth countries are protected and placed in appropriate homes. Additionally, the federal government imposes requirements on who may adopt a child from another country.

What are conciliation procedures under Ohio law?

Making the decision to end a marriage can be difficult for an Ohio resident. They may spend time weighing their options and attempting to make the best possible decision for themselves and their family. However, if they get to the point where they are prepared to divorce, then they may not wish to dwell on other options any longer than they must.

However, under Ohio law courts may require individuals who want to divorce to work on their relationships a little longer before they are allowed to terminate them. After a party has filed for divorce a court may order the parties to go through a conciliation period to work on certain aspects of their marriage. The court can order the parties to seek counseling as a family or to work with community or health services providers. Courts can refer individuals to members of the clergy and periods of conciliation can last up to 90 days.

What role could prenups play in a divorce?

Before they have even celebrated their wedding days, some Ohio couples have made plans for how they will manage their property in the event that they divorce. Prenuptial agreements, sometimes referred to as prenups, are contracts that parties may enter into before they marry that outline how their financial responsibilities and property holdings will be dealt with in the event that their marriage does not last. Not everyone who marries will want a prenup but those who do enter into them should be aware of what will happen if they divorce with one in effect.

A prenuptial agreement will be reviewed by a divorce court to ensure that it is valid. If the agreement covers topics such as child support that are prohibited from inclusion, then those terms may be stricken from them. If the agreement was created while one of the signing parties was under duress or otherwise coerced into signing, then the entire agreement may be set aside.

Is it possible to divorce without a trial?

Divorces are still a prevalent part of life for many people living in Ohio. In 2016 alone, over 35,000 couples divorced with around 15,000 of those couples having children. 

Before filing for divorce, many couples are well aware of the complications that can arise from the process. Therefore, it is normal for the couple to wonder whether they can divorce without spending over a year in court. Although it is rare, it is possible, and if both spouses get along amicably, it may be possible for them to divorce without going to court. 

Birdnesting is a unique approach to child custody

When two Ohio parents go through a divorce, they may work hard to minimize the challenges that their children will face as they transition into their new lives. Though children do not lose their parents when divorces happen, they do lose the stability of having both of their parents living together under the same roof. A relatively new trend in child custody arrangements attempts to keep the same roof over kids' heads after divorce while the parent who is with them changes.

Known as "bird nesting" or "nesting," this trend involves allowing the child to remain in the family home, while the parents rotate who will live in the home with the child. First one parent will live with the child in the family home. When it is time for the other parent to have custody of the child the at-home parent leaves and the other parent moves into the home. The non-custodial parent then stays at a second home that the parents share but never reside in at the same time.

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