Author: Robert "Chip" Mues

The Importance of the De Facto End Date of Marriage in an Ohio Divorce

What Is a De Facto End Date of Marriage in Ohio?

In an Ohio divorce, the de facto end date of marriage Ohio courts apply can significantly impact property division, debt allocation, and spousal support. In typical divorce proceedings, the end date of marriage is the date of the final hearing, when the divorce is granted.

However, this isn’t always the case. A court can determine what is called a de facto end date of marriage. This sets the termination date of the marriage prior to the final hearing and decree, despite not having obtained said decree yet. That date frequently may be determined to be the date of separation or perhaps the filing date of the divorce complaint.

In addition, a hotly contested divorce case can take a year or longer to complete, which can add to the importance of filing a motion to determine the De Facto termination date of the marriage, especially if you are representing the spouse earning most of the marital income!… View Full Article → “The Importance of the De Facto End Date of Marriage in an Ohio Divorce”

Why Temporary Orders Are Important in an Ohio Divorce Action

What are temporary orders in divorce Ohio?

PUBLISHER’S NOTE: This blog about Ohio Civil Rule 75(N) temporary orders, is as meaningful today as it was when we originally posted it on May 8, 2021! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search Tool (with the magnifying glass icon) above and enjoy a few oldie but goodies!

Ohio Temporary Orders Divorce: What You Need to Know

If you are going through a divorce, understanding Ohio temporary orders divorce procedures is essential. These orders, issued under Ohio Civil Rule 75(N), can immediately impact custody, support, and financial stability while your case is pending. Ohio Civil Rule 75 (N) outlines the process. (Click here and here to read about Ohio Civil Rule 75 (N)).

Temporary Orders are intended to maintain the status quo regarding finances and the children and their care. Like the name suggests, these are Court Orders intended to remain in effect for a limited amount of time – typically during the pendency of the action or until further Court Order.… View Full Article → “Why Temporary Orders Are Important in an Ohio Divorce Action”

Understanding the Differences Between a Dissolution and a Divorce in Ohio

Dissolution vs Divorce in Dayton and Montgomery County Courts

When considering dissolution vs divorce Ohio, it is important to understand that these are two very different legal processes with unique requirements and outcomes. A dissolution and divorces in Ohio is different than most states. In most states, those terms can be used synonymously, but they are alternate proceedings with different statutory regulations in Ohio. Marriages in Ohio can be ended in one of two ways – by divorce or by dissolution. Understanding dissolution vs divorce Ohio can help couples choose the most efficient and appropriate way to end their marriage.

Dissolution

A dissolution proceeding is the quickest and easiest of the two methods to terminate your marriage, but in order to proceed with a dissolution there are certain considerations that must be met. Primarily, there must be a total and full agreement signed by both parties as to ALL terms of the dissolution.… View Full Article → “Understanding the Differences Between a Dissolution and a Divorce in Ohio”

4 Key Tips to Properly Prepare Financially for a Divorce

Gathering Financial Documents for Divorce

Going through a divorce can be an extremely difficult and emotional journey. In addition to the emotional challenges, there are also many financial issues that must be addressed. Proper financial preparation for divorce is essential to help individuals protect their financial stability both during the divorce process and after it is finalized.

There are several important steps individuals can take to begin their financial preparation for divorce and better protect their financial future.

Gathering Financial Documents

One of the first and most important steps in financial preparation for divorce is gathering all financial documents., including tax returns, all accounts including savings, checking and investment accounts, pay stubs, property records (home, land, vehicles) credit card statements, debts, and any retirement account statements such as 401 (K plans), IRAs, or pensions.

This is important for each party to fully understand what they own as individual accounts as well as accounts held together.… View Full Article → “4 Key Tips to Properly Prepare Financially for a Divorce”

Should Couples Getting a Marriage License be Able to Elect to Require a Finding of Fault to Obtain a Divorce?

The debate over fault vs no-fault divorce highlights the tension between marital commitment and individual autonomy.

Understanding Fault vs No-Fault Divorce in Modern Law

A proposal in Iowa has sparked renewed debate over the role of no-fault divorce in modern marriage law. Senate File 2172, introduced by Senator Jesse Green, would allow couples applying for a marriage license in Iowa to voluntarily waive the right to seek a no-fault divorce. While the bill ultimately did not advance this session, the arguments surrounding it reveal deep divisions about marriage, personal autonomy, and the function of family law. This seemed to me to be an interesting topic to discuss.

Under current law, Iowa follows the no-fault divorce model (similar to Ohio’s) adopted by most states in the 1970s. This system allows a marriage to be dissolved based on an irretrievable breakdown of the relationship, without requiring either spouse to prove wrongdoing. The proposed legislation would not eliminate no-fault divorce entirely.… View Full Article → “Should Couples Getting a Marriage License be Able to Elect to Require a Finding of Fault to Obtain a Divorce?”

MuesLaw Launches Legal Pulse Newsletter & Relaunches Ohio Family Law Blog

We’re excited to announce the inaugural edition of the MuesLaw Legal Pulse newsletter! This quarterly newsletter is designed to keep Ohioans informed about important family law updates, practical legal insights, and new resources from our firm.

Inaugural MuesLaw Legal Pulse Newsletter

The first edition of our Legal Pulse highlights the significant law change in March 2023 allowing postnuptial agreements in Ohio. Even if you already have a prenuptial agreement, a postnuptial agreement may be a powerful tool to protect your interests in a divorce or preserve your wishes upon death.

Read our prior blog about how postnuptial agreements may benefit you.

The newsletter also provides a snapshot of other relevant family law updates and tips for Ohio residents.

Understanding Ohio Postnuptial Agreements

Ohio’s 2023 law now makes it possible for spouses to create legally binding postnuptial agreements. These agreements can:

Protect assets and clarify property rights
Preserve your wishes in the event of divorce
Complement an existing prenuptial agreement

For anyone navigating marriage, divorce, or estate planning, understanding postnuptial agreements is increasingly important.… View Full Article → “MuesLaw Launches Legal Pulse Newsletter & Relaunches Ohio Family Law Blog”

Why an Ohio Separation Agreement for Dissolution is Crucial in Ending a Marriage

What Is an Ohio Separation Agreement for Dissolution?

For many, ending a marriage is a time filled with uncertainty. Nearly all aspects of a family’s life will change, including their finances, child care and custody, and living situations. In Ohio, other than by annulment, there are two ways to terminate marriages: divorce and dissolution. A properly drafted Ohio separation agreement for dissolution is required before a court will grant a dissolution. Divorces frequently require a significant amount of judicial intervention, which may not be preferable for spouses who are able to agree to terms of their separation without the need for a third party to make decisions for them. Dissolution is a more amicable alternative to divorce in which spouses both agree to ALL of the terms of their Ohio separation agreement for dissolution, terminating the marriage.

Dissolution is a process which allows the spouses to maintain a substantial amount of control over the outcome of their “uncoupling”.… View Full Article → “Why an Ohio Separation Agreement for Dissolution is Crucial in Ending a Marriage”

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