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Dayton Divorce Law Blog

Facebook involved with one-third of divorces

Facebook, it seems, can provide both the means to begin infidelity that might end your marriage and the evidence to damage your divorce settlement that results from the case. A report from the UK found that one third of divorces handled by a law firm involved the use of material from Facebook.

The utility of Facebook is that it can allow you to communicate with a wide variety of people from a single platform. You next door neighbor in Dayton and friends on the other side of the world can both be apprised of your activities. The danger of Facebook and other social media is exactly the same. 

What are your expectations for your divorce?

Setting proper expectations during and after divorce is one way to keep your sanity and allow the process to advance in as quickly and timely a manner as possible. If you are considering a divorce, there are likely many reasons.

You and your spouse no longer get along with each other. He or she has cheated on you and you feel betrayed. You married young and as you have matured, you find you no longer find those qualities that initially were the source of your attraction very appealing. Or, you have aged out of your marriage, developed different interests and no longer wish to share your life with them.

Fracking oil decline leads to appeal of Hamm divorce settlement

The Harold Hamm divorce proceeding is back in the news. The billionaire oilman and his wife have been engaged in a lengthy divorce proceeding, primarily due to the massive amount of assets at stake. As recently as August of last year, his fortune was valued at $19 billion, and he called a $998 million property division settlement "equitable and fair."

Now, apparently, he is changing his tune. It has a lot to do with the change in oil prices since that time. His oil company owns a significant portion of the Bakken Shale oil field and the value of his assets boomed with the oil boom. 

Child custody and your child's desires

When going through a child custody hearing in Ohio, you are probably going to spend a lot of time thinking about what you want or what your spouse wants. If you don't agree—if you want joint custody, for instance, but your spouse is after sole custody—that is going to dominate your approach. However, it is important to remember that the court is going to consider your child's desires, as well.

If the child expresses a desire to live with one parent, the court is going to give it serious consideration because the judge is trying to do things that are in the child's best interests. For this reason, he or she has to look at things like the relationship the child has with each parent, the relationship the child has with other siblings, the type of specific care that the child may need, the proximity to schools and other important institutions, and more. All of these things factor into the child's happiness, which is the court's ultimate goal.

Accumulation and division of marital property

One of the most important things to understand about a divorce in Ohio is how the marital property is going to be divided after the split. Courts are going to seek an equitable division, which just means that, though it may not be equal, the division will be fair.

As far as what qualifies as marital property is concerned, the court looks at wealth, assets and other items that were purchased or accumulated while the couple was married as property belonging to them as a couple. The court will not consider some of the property to belong to the husband, for instance, while other items belong to the wife.

Deployed military receive protection for child custody issues

For parents who have gone through a divorce or those who are considering divorce, one of the most challenging aspects of the process is creating a workable child custody plan.

A divorce brings significant changes to your life, and dealing with child custody, vacation, birthdays, holiday schedules, handoffs to their other parent and all of the other logistical complexity that that will bring will be one of the most significant.

Divorce rates, up down or somewhere in between?

For years, we have heard the statement that 50 percent of all marriages end in divorce. Yet, according to some studies, the actual divorce rate has been falling since the 1980s. But so is the marriage rate. And among some demographics, the divorce rate may actually be increasing.

The overall divorce rate does appear to be falling, as the number of divorces processed through family courts in Ohio and all other states provides a reasonably accurate number, assuming the states manage to collect all of the divorce cases that complete in their courts.

Valuation complexities during a high-asset divorce

With a divorce, many issues will develop, that you never considered when you were happily married. If you have high income and a high net worth marital estate, there may be many financial issues that could have a significant effect on your eventually divorce settlement and property division. They may be invisible and may not be very relevant when you are married, but can become critical during a divorce.

If you or your spouse own a business or professional practice, the minutiae of how the entity is valued may not be relevant. As long as it is producing an income stream, and assuming you have no interest in selling, the overall value of the business is unimportant.

When is it a good idea to ask for alimony in a divorce?

If you're like a lot of our Ohio readers, then this may be the first time you are going through the divorce process. If you're feeling anxious or overwhelmed, you're not alone. A lot of people experience these feelings. There are a lot of things that go into the dissolution of a marriage process, leaving most people feeling a little lost and with a lot of questions.

Because Ohio family law does allow divorcing spouses to request spousal support, also known as alimony, this can leave you with a really important question: when it is a good idea to ask for alimony in a divorce? Like most questions posed on this blog, there is no single answer because every person's situation is different. But if we look at how the law determines whether such payments are appropriate, we may be able to provide the clues you need to answer this question yourself.

Divorce and your finances

Divorce for those older than age 50 has increased markedly in the last two decades. People often express surprise when a couple married for 20 or 30 years head for divorce court. It really should not be so shocking, as the societal sanctions for divorce have fallen, fewer individuals are willing to "endure" a bad, sterile or empty marriage simply to keep up appearances.

But across that spectrum, there is also a wide spectrum of options available that range from divorce to something less than that. Why you might want to avoid a traditional divorce, is money.