Divorce

Why January Is Divorce Season: Understanding the Post-Holiday Spike in Divorce Filings

Financial Reasons Behind Why January Is Divorce Season

January has long puzzled family-law attorneys, who often refer to the month as “Divorce Season.” Understanding why January is divorce season can help couples prepare emotionally and financially.

Sociologists at the University of Washington note that “To everything there is a season – even divorce”. The results of a UW study found that Family law attorneys nationwide report a 25% to 30% increase in divorce inquiries every January.

Why January Is Divorce Season for Many Couples 1. Taboos

There are numerous cultural holidays that are celebrated in December: Hanukkah, Kwanzaa, Christmas, Yule, Bodhi Day, the Feast of the Immaculate Conception, the Feast of Saint Nicholas, etc. These oftentimes sacred holidays can be a reminder that marriage is frequently thought of as a lifelong sacrament or a commitment to work through problems together, for better or worse. The holidays are also a reminder of the importance of family.… View Full Article → “Why January Is Divorce Season: Understanding the Post-Holiday Spike in Divorce Filings”

Can A Child in Ohio Pick Which Parent to Live With in a Divorce – Yes or No?

ANSWER: The answer is NO – they cannot choose under current Ohio child custody preference laws.

Publisher’s Note: There is so much misinformation online these days that perhaps that is one of the reasons clients frequently still ask me this question. The Ohio age of election law was changed nearly 30 years ago! Here is the history about this change for those wanting to know the correct posture of that law.

The History of the Ohio Child Election Law

Prior to 1946, Ohio General Code §8033 made it mandatory that a child ten years of age or older “must” be allowed to choose which parent they preferred to live with, and the court would have to follow that choice unless the court deemed that parent “unfit.” Venable v. Venable, 445 N.E.2d 1125, 1130 (Ohio Ct. App. July 9, 1981). Even as recently as 1989, the Ohio Revised Code §3109 stated that children twelve years of age or older could choose which parent to live with.… View Full Article → “Can A Child in Ohio Pick Which Parent to Live With in a Divorce – Yes or No?”

How the CARES Act May Impact Your Divorce

What is the CARES Act? How the CARES Act and Divorce Intersect Financially

The CARES Act and divorce may not seem directly connected, but the law’s financial relief provisions can significantly affect how couples divide assets and plan post-divorce finances. The Coronavirus Aid, Relief, and Economic Security (CARES) Act is an economic stimulus bill. Its purpose was to provide financial assistance to individuals and families, healthcare systems, and small businesses and industries. On March 20, 2020, the President signed this bill into law which provided up to 2 trillion dollars in much needed relief and financial assistance to individuals and businesses suffering the social and economic impact of the COVID-19 pandemic.

Tax Implications of the CARES Act During Divorce

Early withdrawal from your retirement account.

Usually, people under the age of 59 ½ are subject to a 10% withdrawal penalty on any distribution from their retirement account. Now, the CARES Act may permit you and your spouse to withdraw up to $200,000 ($100,000 per individual) from your 401(k), 403(b), or 457(b).… View Full Article → “How the CARES Act May Impact Your Divorce”

A Wedding Planner Share’s the Signs of a Likely Divorce Based on Her Observations of the Couple’s Behavior!

Wedding Money Problems and Signs of Divorce Before Marriage

Robin “Birdie” Yarusso, from Minneapolis, has been a wedding planner for 25 years. Recently she posted a viral TikTok sharing the signs of divorce before marriage that she has observed after planning hundreds of weddings.” The video has received over 3.1 million views! Birdie as she likes to be called says, “I can tell a bride and groom that’s going to get divorced before they even get married. So I’ve planned like 100 weddings and probably like 25 – 30 proposals, and there are certain things that happen that I’ve seen time and time again with my brides and grooms that have divorced later on.”

One of the red flags she sees is the cake smash. If it is discussed beforehand and both parties want to do it, then that is fine, however when it is a surprise then that is when it becomes a problem.… View Full Article → “A Wedding Planner Share’s the Signs of a Likely Divorce Based on Her Observations of the Couple’s Behavior!”

In Divorce Actions of Same-Sex Couples, Do Courts Typically View the Length of the Marriage to Have Started at the Date of Cohabitation or the Later Date of Their Marriage?

chart showing how courts decide same-sex divorce marriage start date

Why the Marriage Start Date Matters in Same-Sex Divorce Cases

In divorce actions involving same-sex couples, one key issue is how courts determine the same-sex divorce marriage start date – whether it begins at cohabitation or the official legal marriage. In 2015, the Supreme Court decided in Obergefell v. Hodges all same-sex couples in the United States have the constitutional right to marry. The case arose from challenges to Michigan, Kentucky, Ohio, and Tennessee laws that banned same-sex marriages and the recognition of legal same-sex marriages that were performed in other states. Click here to read more from our previous blog article.

The Court focused on whether the Constitution’s Fourteenth Amendment requires states to give marriage licenses between same-sex couples and if the Constitution requires states to recognize legally obtained marriage licenses from other states.

The Court held that the right to marry is a “fundamental right” that is “inherent in the liberty” of a person under the Equal Protection Clause of the Fourteenth Amendment, making it unconstitutional for courts to deny same-sex couples the right to marry or recognize marriages performed in other states.… View Full Article → “In Divorce Actions of Same-Sex Couples, Do Courts Typically View the Length of the Marriage to Have Started at the Date of Cohabitation or the Later Date of Their Marriage?”

Are You Divorced? Halloween Tips for Divorced Parents to Keep It Fun for Kids

PUBLISHERS NOTE: “Halloween can be very tricky for families, which is why these Halloween tips for divorced parents are so valuable. Psychotherapist Donna Ferber shares timeless advice from way back in 2010 and 2018. If you enjoy this article, you would love her book, “From Ex-Wife to Exceptional Life: A Woman’s Journey Through Divorce” available on Amazon and Kindle. Donna has retired from her professional practice and is enjoying retirement.

Halloween Tips for Divorced Parents: Making It a Positive Experience

For many kids, Halloween is one of the most important holidays of the year. The child of divorce is faced with choices and concerns. Who will take me treat-or-treating? Who will get my costume and dress me? Where will I trick-or-treat?

Then, of course, there are logistical problems for the divorced parents. By addressing these issues in advance, parents can reduce stress and not distract from the child’s positive experience. By planning ahead, you can reduce stress and keep the focus on your child’s happiness.… View Full Article → “Are You Divorced? Halloween Tips for Divorced Parents to Keep It Fun for Kids”

The Summer is Over – School Year Preparations for Child and Parent

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on August 9, 2014! These back-to-school tips for divorced parents remain relevant and helpful. We have updated it a bit as well! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

How To Prepare for A Successful School Experience – 11 Practical Back-to-School Tips for Divorced Parents.

School has started or is right around the corner for many children and their parents. This time of the year, while always somewhat stressful for children, can bring even more anxious unknowns for a child when their parents are separated. Regardless of your relationship with your former spouse, there are some essential back-to-school tips for divorced parents to ensure your children, and their teachers, are prepared for the coming year.… View Full Article → “The Summer is Over – School Year Preparations for Child and Parent”

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