Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?

Dissolution In Ohio: The Conciliation Process in Warren and Montgomery County Explained. How A Dissolution Can End Up In Mediation

This was a novel question that was recently asked me by a client a week or so before their scheduled final dissolution hearing. Conciliation proceedings are not all that common even in divorce actions.  I asked my paralegal, Robin Lovins, to investigate the answer for me.  That answer was interesting I thought. Always looking for a new blog article topic, I asked Robin to help incorporate that information into a blog article about dissolution. Here it is:

Section 3117.05 of the Ohio Revised Code states that “Prior to or during pendency of any action for divorce, annulment, or legal separation, one or both spouses may file in the court of common pleas a petition for conciliation…”. The question becomes: Does conciliation apply in dissolution cases? Although it is unusual for parties participating in a dissolution proceeding to request a conciliation through the courts, if a petition is filed, the courts will accept it.… View Full Article → “Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?”

Divorce Rate Up for Older Women: The Financial Impact Divorcing Later in Life

The “golden years” may not be so “golden” for those couples who choose to part ways later in life.  According to researchers, even though divorce rates in general seem to be stabilizing, the divorce rate among the “baby boomer” generation continues to increase.

This trend is proving to have a disproportionately negative effect on women over 50.  Recent studies show that 1 in 5 women over 65 are still working.  This number is 2 times higher than it was in the 1980s.

Divorce Later In Life Proving Difficult Financially For Women Over 50

Compared to couples who split when they are young, divorcing later in life is proving to have severe, financial impacts on the older population, particularly women. In a recent study, Claudia Olivetti of Boston College and Dana Rotz of Mathematica Policy Research surveyed 56,000 women and found that in comparison to those who divorce at age 30, women age 50 and above are 10% more likely to be working full-time between the ages of 50-74.… View Full Article → “Divorce Rate Up for Older Women: The Financial Impact Divorcing Later in Life”

Do I Really Need a Lawyer for My Ohio Divorce?

Consultation With An Experienced Family Law Attorney Helpful When Filing for Divorce

A lot of people ask or search online for the answer to this question. No one likes to spend money for a lawyer. I have attached a link that the Montgomery County Ohio Domestic Relations Court provides to the public. It is titled The Citizen’s Guide to the Montgomery County Common Pleas Court: Domestic Relations Division.

The Guide is well written, but demonstrates the complexities of the divorce or dissolution process with all the forms and rules that must be followed.

I also came across information on this topic provided by the Legal Aid Network of Kentucky. Their guidance is on point.

Do I have to have an attorney to file for divorce?

No, you do not have to have an attorney to file a divorce, but it would be helpful. It would be easier if you have an attorney, because the attorney is familiar with the divorce laws and with the courts.… View Full Article → “Do I Really Need a Lawyer for My Ohio Divorce?”

Divorce Research Shows Children Suffer No Real, Long-Term Effects of Divorce

Important Steps Parents Can Take To Minimize Negative Side-Effects Of Divorce For Their Children

Divorce can be earth-shattering for everyone, but arguably no one suffers more than the children involved. That being said, while divorce has proven to have devastating impact on these young people at the time, some research now suggests that these children do not experience long-term side-effects.

In an article in Scientific American Mind, authors Hal Arkowitz and Scott O. Lilienfeld acknowledge that while divorce is often extremely trying for children, studies show that as these children become adults, few experience lasting, serious effects.

While the divorce is occurring, and even in the period following, it is typical for kids to experience anxiety, anger, depression, shock, etc. However, Arkowitz and Lilienfeld argue that all of these negative effects are short-lived. In support of this, they point to a study conducted by sociologist, Paul R. Amato.  Amato’s research followed kids whose parents divorced during childhood, into their adolescence and teenage years.  … View Full Article → “Divorce Research Shows Children Suffer No Real, Long-Term Effects of Divorce”

Dissolution: Out with the Old, in with the New?

Marriage Over and Thinking Divorce? Important Information About Ohio Dissolution Proceedings

Do you and your spouse BOTH recognize that your marriage is emotionally and all but officially over? Have you been procrastinating moving forward with dissolution and terminating your marriage? Not a pleasant decision, but sometimes a necessary one. Well, there is still time to accomplish and complete that objective around the first of the year.

Ohio Law permits the filing of both divorce and dissolution actions. Before filing you really should know the basic differences. The primary distinction between divorce and dissolution is the amicable nature with fully agreed upon terms in a dissolution proceeding. In dissolution, both parties must agree to every aspect and term in the final agreement, down to the last penny. Various pleadings are prepared and signed by both parties and submitted to the Court for approval. To be clear, the FULL agreement must be negotiated and executed before filing.… View Full Article → “Dissolution: Out with the Old, in with the New?”

Cohabitation Can Lead To Spousal Support Termination

Love After Marriage For All: How Cohabitation With Another, Regardless Of Sexual Orientation, Can Trigger A Termination Of Spousal Support Post Divorce

I couple weeks ago, I attended a very exciting and thrilling divorce seminar (said no one ever) where a portion of it was dedicated to giving an update on divorce court forms to reflect gender neutral identifiers for the divorce parties.  For example, instead of using husband and wife, the court forms will now use spouse 1 and spouse 2 or other similar gender neutral identifiers.   I still say the classic Plaintiff and Defendant identifiers are easier, but it is not my courthouse.

I imagine a majority of courts around the country, except perhaps for the Deep South, are adjusting appropriately to be in compliance with the U.S. Supreme Court’s historical decision finding state laws that prevented same-sex marriages are unconstitutional.  Which also meant that divorce statutes and divorce case law had to catch up with same-sex marriage.  … View Full Article → “Cohabitation Can Lead To Spousal Support Termination”

Same-Sex Couples: Premarital Cohabitation Assets and Divorce

New Hampshire Case Said to Set Precedent for Same-Sex Couples Upon Divorce, But is Ohio Law Already Set Up for Courts to Reach Similar Decisions?

The Supreme Court of New Hampshire recently held that courts may consider premarital cohabitation when considering the division of a same-sex couple’s assets.  In the Matter of Deborah Munson and Coral Beal, the New Hampshire court was faced with a divorce and division of assets of a same-sex couple who lived together for 15 years before a civil union was held, followed by a marriage three years later. During the 15 years before the marriage, the couple essentially acted and functioned as a married couple, both socially and financially.  However, the trial court awarded Beal limited alimony and a small percent of the marital estate based upon the short duration of the marriage. Upon appeal, her attorneys argued that the district court should have considered the 15 years the couple cohabitated prior to the marriage.… View Full Article → “Same-Sex Couples: Premarital Cohabitation Assets and Divorce”

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