Common Law Marriage in Ohio – Does it Still Exist?

common law marriage ohio

Ohio No Longer Recognizes Common Law Marriage After 1991

I’m sure most, if not all, have at least heard of the term “common law marriage“. By legal definition, a common law marriage is a marriage that doesn’t quite rise to the level of a legal, formal marriage, but is created by the two parties, who co-habit together and hold themselves out to their community as married. A legal marriage has a licensing component, and a certain level of solemnization requirement that might not be met by a common law marriage.

While common law marriages aren’t scarce, they are less common than they used to be. Prior to the widespread availability of easy transportation and the internet, people in remote areas of the country, especially out west, would need to wait around for the circuit-riding pastor to arrive in order to officially wed. Without a formal schedule, people began to pair off and held their own ceremonies before their family and friends and would hold themselves out in the community as married, even without all of the official paperwork being filed.… View Full Article → “Common Law Marriage in Ohio – Does it Still Exist?”

Blast From The Past: Consider the Impact of Divorce on Your Adult Children

adult children divorce

PUBLISHER’S NOTE: Here is a great post about the impact of divorce on your adult children. It is written by psychotherapist Donna F. Ferber from back on May 29th, 2010! 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 Much Personal Information Should You Share With Your Adult Children? Confiding To A Child Of Divorce Puts The Child In A No-Win Situation

It’s a misconception that when parents divorce it doesn’t affect adult children. It is important to remember that our children may be adults (and even may have experienced divorce themselves), but they are still children of both parents. In going through divorce, many parents “lean” on their children, making them into confidantes and, sometimes, surrogate spouses. Children, even adult children, are uncomfortable with details of their parents’ personal life.… View Full Article → “Blast From The Past: Consider the Impact of Divorce on Your Adult Children”

Divorce and Digital New Age Communications and Technology

divorce social media

The Serious Impact Social Media May Have On Divorce Case

Social Media And E-Mail Correspondence May Impact Divorce Case

Okay. I am showing my age. But I remember when the practice of domestic relations law was so much simpler in many ways. How many of you even remember the old IBM Selectric typewriter or even carbon paper! I do. In my 40 years of practice I have seen the advent of word processing, the internet, Fax machines, copy machines, computers (that network together), cell phones, email, texting, an explosion of software applications not to even mention Google and all the social media platforms!

Those times are in the past. Life has changed dramatically. We are now bombarded with voice messages, texts, emails, Facebook posts, Tweets, LinkedIn, IM’s and many more technological advances. Some folks have literally become “hooked” on their devices and these social platforms. Their lives seem to revolve around personal information that they post on Facebook, YouTube, Instagram, Twitter, WhatsApp, Tumblr and many others too numerous to list.… View Full Article → “Divorce and Digital New Age Communications and Technology”

Commissions and Ohio Child Support – A New Ohio Supreme Court Decision

Alert Key Legal Update

Ohio Supreme Court Rules One-Time Commisions To Be Excluded In Gross Income Calculation Of Child Support

Under the new Supreme Court Decision, A.S. v. J.W., 2019-Ohio-2473, which was decided on June 25, 2019, commissions that are one time award are not to be included when calculating gross income for child support calculations.

When child support is calculated for a divorce settlement, the court bases the amount on the a number of things, including the gross income of each parent. Gross income, according to the statute (O.R.C. 3119.05(D)) includes the yearly average of pay, plus the average of any bonuses or overtime earned. The Court then can either average those totals from the past three years, or use the most recent year’s information.

The issue that the Court grappled with was to whether commissions are to be included in the calculation of ‘bonuses or overtime’ earned. In part of the statute, it is included in the list, and not included in another part of the statute.… View Full Article → “Commissions and Ohio Child Support – A New Ohio Supreme Court Decision”

Blast From The Past: Divorce, Summer Holidays for Those Newly Divorced

divorce summer holidays

PUBLISHERS NOTE: Psychotherapist Donna F. Ferber penned this post about divorce back in 2015. It is still a good read about the struggles a newly divorced person experiences during the summer holidays. 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!

The Struggle Of Divorce During the Summer Holidays – How To Juggle The Roles And Responsibilities In Your Life

Memorial Day, Labor Day and 4th of July are holidays that celebrate different aspects of American culture. Memorial Day honors those who fought to defend our principles and ideals, Labor Day honors our work ethic, and 4th of July honors our fight for independence. We don’t consider them “big holidays.” They are, for most of us, times to be outdoors, watch some fireworks, and eat lots of good food. They also give us an extended weekend.… View Full Article → “Blast From The Past: Divorce, Summer Holidays for Those Newly Divorced”

Three Costly Mistakes to Avoid in Your Divorce!

divorce lawyer avoid mistakes

Listening To Advice From Friends And Relatives Not Always Wise In Divorce. Choose The Right Divorce Lawyer For Your Case!

No one expected that they would later be involved in a divorce when they married. But unfortunately, not all marriages are “forever”.  Clients facing a divorce generally want it to be fair, drama free, inexpensive and quick.

As a Dayton, Ohio, family law lawyer for 40 years, I have lots of experience helping people in all kinds of divorce situations from relatively simple cases to complex high conflict cases. Here are some tips based on the experience that I have gained.

What are the 3 Top Costly Mistakes to Avoid in a Divorce?
  1. Choosing the right attorney
  2. Ignoring the divorce complaint
  3. Listening to advice from friends and relatives
Choosing the Right Attorney

Divorce law is an extremely complicated practice area. I can’t emphasize enough how important it is to find an experienced divorce lawyer that you have interviewed and to whom you can relate.… View Full Article → “Three Costly Mistakes to Avoid in Your Divorce!”

Blast From The Past: Lingo You Might Not Know From the Divorce World

Blast from the past 13 years Ohio Family Law Blog
PUBLISHER’S UPDATE: This “Blast from the Past” was originally posted on the Ohio Family Law Blog on August 15, 2008. I have updated it to add 9 new terms. This glossary is not a substitute for talking with your divorce lawyer about any of these divorce terms and the implications with your case.

What’s A Deposition? Common Divorce Terms [And Their Definitions]

If you find yourself involved in a divorce, custody case or other family law litigation you may run across some unfamiliar divorce terms. Here are some common ones with a short basic definition:

  • AFFIDAVIT – Information provided under oath.  Often times pertaining to current finances, debts and assets.
  • CORROBORATING WITNESS – In a non-contested divorce proceeding in Ohio, you will need to bring a corroborating witness for the final non-contested hearing. That witness will have a narrow role to briefly corroborate the facts surrounding the grounds for your divorce.
… View Full Article → “Blast From The Past: Lingo You Might Not Know From the Divorce World”
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