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Dayton Divorce Law Blog

Tips for parents when breaking divorce news to children

Whether a marriage ends after years or months of therapy or suddenly after the discovery of a spouse's affair, when a shared child is involved, both spouses must pledge to be mature and put the best interests of a child first and foremost. One of the first necessary, yet painful, steps in this process is breaking news of a divorce to a child.

When discussing plans to divorce with a child, it's best when both parents are present. Being able to sit down together to explain plans and answer questions about anticipated changes helps ensure both parents are on the same page and aware of the challenges that may lay ahead. While conversations can be tailored to a child's age, it's best to provide a simple explanation for the divorce.

Divorce and finances: How debt can cause problems

Couples going through divorce are dealing with a wide array of issues. From child support and custody determinations to dividing property, these issues can seem overwhelming during an already difficult period in your life. However, it is important that those going through this process take a step back from the emotional turmoil and recognize that careful planning is required. A divorce could lead to financial havoc if the right steps are not taken to divide property wisely.

One area that may be overlooked is the role that debts play in the property division determination. In most cases, how debts are split does not matter to creditors since creditors are generally not legally obligated to follow the guidelines set out in divorce paperwork. Essentially, this means that if you and an ex spouse are joint account holders of a credit card or mortgage, the creditor could go after either of you for payment - regardless of what the divorce paperwork says.

Dividing property in high asset divorce requires focused resolve

In Ohio and everywhere else, there are generally some common issues relating to the division of marital property during a divorce that can be problematic. According to the president emeritus of the Association of Divorce Financial Planners, individuals in a high asset divorce should look out for these red flags. The individual should also make sure that all decisions are ultimately reviewed and approved by a divorce financial planner and one’s divorce attorney.

Remember that dividing the marital assets is a one-shot proposition that generally cannot be undone. Appealing a property settlement agreement or a decision by the judge will be a low-percentage proposition. Such appeals need hard evidence of intentional and substantial fraud and/or lack of disclosure of assets.

Do you need a postnuptial for your pet?

Divorce is about a lot of things. It is about two people who no longer can live together. It can be about how a couple will raise their children. In can be about infidelity, betrayal and loss of trust. And it can be about who gets custody of Rover. While custody disputes typically involve the children of the couple, with growing regularity, pets are becoming a focal point in many divorces.

Especially with childless couples, or perhaps where the children are now adults, and child custody orders are no longer needed. But like a dog with a bone, some couples need something to serve as a proxy for the emotional struggle that often plays out in divorce. The energy they would have reserved for a child custody dispute is transferred to a struggle to obtain or prevent the other party from obtaining custody of a pet.

Asset division in a divorce may be more complex than anticipated

Practice makes perfect, so the old saying goes. While divorce is not something most Ohio residents would want to "practice" at, their lack of experience with many elements of a divorce means they cannot bring practical experience to deal with an issue. This is one reason you hire an attorney. Not only do they know the law, but they have experience with a broad spectrum of situations that develop and can help clients with them.

When it comes to the division of marital property, one of the more complex areas is valuation of assets. Part of the complexity derives from the presence of potential taxes. A 401k, a mutual fund and a family home are all financial assets of the marital estate, but they may produce very different tax treatments when they are liquidated.

Is one class helpful for divorcing couples?

They want to be helpful. We think. The problem is politician's attempts to "fix" problems with marriage rarely seem to really improve people's lives. In Oklahoma, a law was recently signed by the governor that mandates that anyone wanting a divorce will have to take a course prior to the state issuing a divorce.

What harm could come from taking a single course? Perhaps none, but maybe the question should be "Will it do any good?" It will provide resources to families on such topics as "substance abuse, addiction, family violence, behavioral health, individual and couples counseling and financial planning."

Tips for successful co-parenting after divorce

No one ever said co-parenting was going to be easy. In many situations, two people -- with some leftover resentments from their marriage -- have to work together in order to raise their children in a healthy environment. If these two parents are not careful in their language and behavior toward one another, it is the children who can end up feeling stuck in the middle.

Ohio parents reading this should not take this to mean they are doomed. Rather, by following a few simple guidelines, divorced parents can effectively co-parent together.

Bitcoin could be used for property division fraud in a divorce

When it comes to your divorce in Ohio, your property division is perhaps the most important element of your final settlement agreement. This is due to a few factors. One, it divides your assets and debts that you and your spouse accumulated during your marriage.

You should view it as the foundation for your financial future. If you have complex or sophisticated finances, it is all the more important to obtain the professional services necessary to accurately account for all of your marital property.

Are family courts biased against men?

Custody cases are something like the unemployment rate. While the overall unemployment rate can move a few percentage points up or down, for an individual, it is either at zero, and you are unemployed or it is 100 percent and you have a job.

In a custody case, you either have an acceptable custody arrangement with your former spouse and you both do your best to raise your child or children given the circumstance or you are fighting a constant guerrilla war with your ex and you feel they received the better deal. 

Medical marijuana use will complicate child custody matters

While Ohio has not legalized medical marijuana, the nearby state of Michigan has decriminalized the use of medical marijuana, and as more states follow suit, there is likely to be a growing number of child custody cases where the use of the substance by a member of the household has an effect on the outcome of the child custody agreement.

A story from Michigan illustrates the situations that may develop when a parent is taking a medical marijuana product, such as hemp oil extract or high-CBD oil. In the family profiled, the husband used high-CBD oil to control his epilepsy and the wife used hemp oil to treat her multiple sclerosis.

And her former husband used it as a tool to accuse the woman of being an unfit mother for child custody purposes.