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Dayton Divorce Law Blog

Child custody in Ohio is governed by several factors

In Ohio, a number of factors are statutorily required to be considered in the determination of a child custody case. As in other states, there are two broad categories of child custody arrangements. One is sole custody, which gives physical and legal custody to one parent, usually with limited visitation rights to the other. The second category is shared custody, in which the parents share the parental decisions together.

Ohio law provides mandatory guidelines for the determination of custody matters. Some of the factors considered important are the wishes of the parents, the wishes of the children, the quality of communication between parents and the children's history of relating to each parent. Things like the distance between the parents homes may also be significant in determining what is best for the particular situation.

It is best to shut down social media during divorce case

The technological revolution has changed lives in ways that were hardly imaginable just a decade or two ago. Regarding domestic relations and divorce law, attorneys in Ohio and the rest of the country have had their hands full dealing with the social media entries that appear in their clients' Facebook pages and through their mobile phone texts and photos. The interesting thing is that many people seem to lose their inhibitions and throw all caution to the winds when reporting their personal, private lives to the rest of the world.

That has opened the field of divorce, support and custody to a wealth of evidentiary material that may be germane to a particular dispute. Although the concept of no-fault divorce makes people generally think that fault is no longer a factor in a divorce case, the truth is that it still plays a part in custody battles, determination of alimony and also support matters. That fact has not generally stopped some people from announcing personal details of their social life, new dates, boyfriends and a variety of 'slips-of-the-tongue' that ultimately end up being adverse evidence in court.

A business interest can be protected from a future divorce

A business owner who is contemplating marriage may be concerned about the status of the business in the event of a later acrimonious divorce. In Ohio and all other jurisdictions, the best protection for the business in that situation is a prenuptial or post-nuptial agreement. Such agreements can define how the business will be valued and distributed in the event of divorce.

Prenuptial agreements are negotiated and usually signed shortly before the marriage occurs. Depending on the particular circumstances, it may not be possible to obtain the new spouse's consent. If the consent is given and the agreement signed, the document will be treated as an enforceable contract in the future.

Some proven principles will serve well the children of divorce

Parents in Ohio and elsewhere are always concerned about the emotional well-being of their children both during and after their divorce proceeding. There are some tried and true practices to follow in such situations to assure the maximum good health of the children. Following these basic principles of psychology and common sense is an excellent way to assure the stability anid mental health of the children throughout the divorce and thereafter.

First of all, a parent must be honest with the children. Using rose-colored glasses would seem preferable but that is a bad policy for the long-term. Explain honestly the permanency of divorce and the reality that will follow, including sacrifices that may have to be made.

Requesting divorce requires sensitivity, planning and knowledge

In Ohio and elsewhere, it is sometimes necessary for a spouse to approach his or her mate to discuss, for the first time, the topic of a divorce. When the discussion of divorce can be handled in a civil and communicative way, it sometimes can turn out to be a hassle-free process. On the other hand, stimulating a confrontation with a spouse that is put on the defensive may create the foundation for a scorched-earth battle ahead.  

In order to do it effectively, one must spend some time first in analyzing the overall circumstances, along with the frame of mind and concerns of the other mate. Going in half-cocked and saying the things that pulls the trigger of the other spouse will likely cause an unwanted skirmish, if not a major battle. It is recommended that one be cognizant of the perspective of the other party, how prepared he or she is and what the expected reaction may be.

Does making divorce more difficult slow divorce?

Or does it simply prolong the unhappiness and worse? Politicians throughout the nation feel it is there business to prevent divorce. They see divorce as problematic and believe by creating more obstacles to obtaining a divorce, there will be fewer divorces and many problems resulting from them will be prevented.

But is this really true? The underlying assumption seems to be that many people who file for divorce, do it on a whim. The politicians impose waiting periods and requirements that parents attend "parenting education" classes. Could these programs really make people reconsider their need or desire for a divorce? As if property settlements, child support and custody and other issue do not already make it sufficiently painful.

Complex property divisions demand scrutiny

During the property division segment of a divorce, the spouses are required to account for all marital property and then determine an equitable distribution of that property. What is equitable can vary greatly.

A young couple, both working, only married for five years, and who had no children may have a fairly straightforward property division, with only a few accumulated assets and limited bank, investment and retirement accounts to divide. 

What others will think of your divorce

Divorce often comes as a shock to your friends. Or they may be surprised (such a great couple) or maybe they had seen some of the signs. They may be protective and want to provide all manner of advice and counsel. Those who have been through a divorce may feel they have to inform you of what you should do, or everything you should not do.

And while your friends may be trying to help, either with your divorce or to help "save" your marriage, you need to keep their advice in perspective. Even those who have experienced divorce, while their experience may be helpful, it was just their experience. It is not chiseled in stone that it was the one, true and only way of divorce. 

Swedish study finds less child stress with joint custody

The debate concerning child custody arrangements is one of the more challenging areas of family law. Determining the ideal custody setting for a child or children of divorcing parents has grow contentious, as fathers' rights advocates push for shared parenting arrangements.

They point to studies that show the psychological benefits of spending equal or nearly equal time with both parents. At the same time, it is sometimes difficult to separate those advocates from those who merely seem to be interested in reducing the financial burden of child support obligations on fathers, and less interested in the best interests of the child.

How complex can it be?

When some people consider divorce, they may wonder if they could do it themselves, without an attorney. Maybe, but do you want to take the risk? The difficulty is with a divorce there are multiple tensions at work that make representing yourself less than optimal.

There is the emotional roller-coaster that may occasionally cloud your best judgment. You also may have difficulty viewing the decisions that need to be made with sufficient distance, which an attorney can help provide.