Divorce

Financial Misconduct in Ohio Divorce: If You Suspect Something, Say Something!

Understanding Financial Misconduct in an Ohio Divorce

Divorce is both an emotional and financial separation. Unfortunately, some spouses try to gain an unfair advantage through financial misconduct in an Ohio divorce, such as hiding assets, wasting marital property, or taking on secret debt before or during the divorce process.

Ohio law recognizes these actions as financial misconduct and allows courts to compensate the innocent spouse when misconduct is proven. The key is identifying the problem early. If something doesn’t seem right, tell your attorney.

What Is Financial Misconduct in an Ohio Divorce?

Under Ohio Revised Code Section 3105.171, financial misconduct occurs when a spouse knowingly dissipates, conceals, destroys, or fails to disclose marital assets. If proven, an Ohio court may award a larger share of the marital estate to the innocent spouse.

Common Examples

Financial misconduct in an Ohio divorce can take many forms, depending on the circumstances and the assets involved:

Hiding bank accounts, investments, or income
Transferring assets to friends or relatives
Gambling or excessive spending before divorce (this topic is covered more in depth here)
Using marital funds to support an extramarital affair
Concealing business income or manipulating financial records
Accumulating significant debt for non-marital purposes

These actions can significantly impact a fair property division.… View Full Article → “Financial Misconduct in Ohio Divorce: If You Suspect Something, Say Something!”

Tracking Your Spouse During an Ohio Divorce: What Ohio’s New Tracking Law Means for Families!

What Does Ohio’s Tracking Law Prohibit?

Quick Answer: Ohio’s tracking law, R.C. 2903.216, generally prohibits knowingly using a tracking device or tracking application to track another person or their property without consent, subject to statutory exceptions. Importantly for divorcing spouses, consent previously given to tracking is presumed revoked when one spouse files for divorce or a petition for dissolution of marriage, and the statute generally provides 72 hours after service to uninstall or discontinue the tracking technology.

Ohio’s tracking law, Section 2903.216, may affect spouses going through divorce or dissolution. The law addresses the use of tracking devices and tracking applications and can become particularly important when a marriage is ending. The March 20, 2025 law specifically added provisions addressing divorce and dissolution, including the effect of a divorce complaint or dissolution petition on previously given consent to tracking. Continue Reading → about Ohio’s tracking statute, Section 2903.216.

Divorce and dissolution proceedings increasingly involve technology.… View Full Article → “Tracking Your Spouse During an Ohio Divorce: What Ohio’s New Tracking Law Means for Families!”

Dumped from the Island: When One Partner Moves Out Before Filing for Divorce

Moving Out Before Divorce in Ohio: The Real Danger

In the Love Island villa, getting “dumped” is a brutal but straightforward process. A text arrives, and within minutes, the single Islander has packed their bags and is on a flight back home. There are no lease agreements, no mortgage paperwork, and no arguments over who keeps the furniture.

Outside the villa, “coupling up” usually involves a legally binding contract, whether it be a residential lease, a mortgage, or a prenuptial agreement. When a relationship breaks down and you’re considering moving out before divorce in Ohio, you can’t just yell “I got a text!” and pack your bags without a strategy.

If you’re exhausted by the conflict, craving privacy, or wondering if you should take your things and go, here is how Ohio family law handles the choice to move out before filing for divorce.

The House: Do You Lose Your Rights When Moving Out Before Divorce in Ohio?… View Full Article →

Medicaid Divorce in Ohio: Risks, Pitfalls & Alternatives

Medicaid Divorce in Ohio: What You Need to Know

Publisher’s Note:

A potential client was referred to me by a local lawyer to help her initiate a “Medicaid Divorce” as her husband had lost his job, has significant medical issues and outrageous medical bills. She explained that he didn’t qualify for Medicaid because of her income and she is unable to maintain the house and support him. She wanted a divorce but remain together. The call raised all sorts of red flags!

I referred her to the law firm of Demarest + Demarest in Bellbrook to obtain the Medicaid planning advice she desperately needed. We have been partnering with Demarest & Demarest on estate planning, probate, elder law and Medicaid planning matters for almost 2 years. They do EXCELLENT work! I knew they could help her plan and consider other alternatives available.

This call also led me to suggest to Gwen and Cullen Demarest that we write this blog together to perhaps provide the public with some valuable information for those who are experiencing similar hardships.… View Full Article → “Medicaid Divorce in Ohio: Risks, Pitfalls & Alternatives”

Ohio Uncontested Divorces: Why Ohio Requires a Corroborating Witness

Uncontested Divorce in Ohio: What You Should Know

If you are considering an Ohio uncontested divorce, you may be surprised to learn that Ohio law retains a special requirement: the plaintiff must bring a corroborating witness to the final hearing. While this can feel unnecessary even when both spouses agree, understanding why this rule exists makes navigating an Ohio uncontested divorce easier.

Under Ohio Rule of Civil Procedure 75(M), a court cannot grant a divorce solely on the testimony of one spouse; grounds for divorce must be backed up by a third party (corroborating witness). Even if your spouse defaults (fails to respond) or agrees to all terms, the court needs independent confirmation before terminating the marriage unless BOTH parties attend the final divorce hearing.

The Primary Reason for This Rule in an Ohio Uncontested Divorce

The corroborating-witness requirement is one of the more unusual aspects of an Ohio uncontested divorce.… View Full Article → “Ohio Uncontested Divorces: Why Ohio Requires a Corroborating Witness”

What ‘Over Your Dead Body’ Teaches About Divorce, Resentment, and Moving On

Why Ohio Divorce Advice Focuses on Solutions Instead of Revenge

The dark comedy Over Your Dead Body offers an exaggerated look at what can happen when resentment takes over a marriage. For anyone seeking Ohio divorce advice, the movie offers an important lesson: focus on solutions instead of revenge.

The dark comedy Over Your Dead Body follows a married couple who retreat to a secluded cabin in an attempt to repair their struggling marriage. Unfortunately, both spouses arrive with a secret plan to kill the other. While the movie’s premise is intentionally outrageous, it highlights a problem that family law attorneys see every day: what happens when resentment replaces communication.
Most divorcing spouses are not plotting murder, of course. However, many enter the divorce process carrying years of frustration, anger, and unresolved conflict. By the time the marriage ends, they may view their spouse as an enemy rather than someone with whom they once shared a life.… View Full Article → “What ‘Over Your Dead Body’ Teaches About Divorce, Resentment, and Moving On”

Summer Co-Parenting Tips: 10 Fun Activities for Kids with Divorced Parents

Summer Co-Parenting Tips Begin with Planning Ahead

Summer co-parenting tips can help divorced parents reduce stress while making the season fun and memorable for their children.. However, summer can be difficult on parents when it comes to juggling work, vacation, camps and childcare.

This is especially true for parents who are separated or divorced. Trying to coordinate summer schedules can cause tension and conflict. Although there is no easy way to resolve all the issues that may arise when raising children in two separate homes, there are some tips to follow to help make things easier for both the parents and the kids.

One of the most valuable summer co-parenting tips is to review your parenting agreement before school lets out. Make sure you have a clear understanding about what your agreement says aboutco-parenting during the summer months. Also, be sure to review the attached Court’s Standard Order which often adds more detail about Summer parenting terms.… View Full Article → “Summer Co-Parenting Tips: 10 Fun Activities for Kids with Divorced Parents”

Page 1 of 45

1 2 3 4 5 … 45

« Previous