Divorce

Will I Likely Be Happier After My Divorce?

Positive Outlook Key For Post Divorce Happiness?

I get this question a lot when I meet with my divorce clients. While there is no guaranteed correct answer, there are steps you can take to keep you from becoming paralyzed by the divorce process. From reports I hear from my former clients, the answer to this question is usually “yes”!

I am a bit of a geek when it comes to looking at statistics. I recently saw an article on MovingPastDivorce.comabout a survey that Terry Gaspard commissioned. Terry is a licensed social worker and counselor in Rhode Island. Reading her bio and a recent interview with her by Social Work Guide, she appears very accomplished. Click … View Full Article → “Will I Likely Be Happier After My Divorce?”

In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?

ANSWER: The answer is FALSE.

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. Bawidamann v. Bawdiamann, 580 N.E.2d 15, 17 (Ohio Ct. App. Aug. 4, 1989).

However, in 1996 the Ohio legislature amended §3109.04 and eliminated the ability for a child to choose the parent to live with. Butland v. Butland, No. 95APF09-1151, 1996 WL 362038, at *3 (Ohio Ct. App. June 27, 1996).… View Full Article → “In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?”

Ever Wonder the Leading Causes for Divorce?

The Main Reason For Marrying Says Divorce Study? It’s Not Love!

According to a study by McKinley Irvin, approximately 42-45% of marriages in the United States end in divorce. The same study also found that 60% of second marriages and 73% of third marriages end in divorce. In 2021, there were 689,308 divorces across the 45 U.S. states that report this statistic. During that same year, 1,985,072 marriages occurred, making the U.S. marriage rate 6 per 1,000 people.

It can be beneficial for a couple to understand the causes for failed marriages. If you are already married it can help you to make your own marriage stronger. If you are about to walk down the aisle it can guide you in making choices about your intended wedding. It can even help you to support other couples in your life that you care about.

I recently read an article published in Forbes Magazine where they reported on their findings of a survey they had conducted.… View Full Article → “Ever Wonder the Leading Causes for Divorce?”

How Your Health Insurance is Affected by an Ohio Divorce

Will My Health Insurance Coverage End During A Pending Divorce Proceeding? COBRA Law And Other Options To Consider

I recently realized that I had not posted a blog about health insurance and divorce in 10 years. Click here to read that one titled Health Insurance: Divorce Often Ends Coverage for Women. It is still worth reading after all those years!

YOUR SPOUSE CAN NOT CANCEL YOUR HEALTH INSURANCE DURING THE PENDENCY OF YOUR DIVORCE OR DISSOLUTION CASE.

In Ohio, Ohio Revised Code Section 3105.71 prohibits cancellation of health insurance coverage prior to the divorce court deciding responsibility. So that law preserves the status quo as it relates to maintaining health insurance coverage during the divorce. This is also true even if the insurance “open enrollment” period occurs during the divorce proceeding. Click here to read that statute. But what happens when the divorce cases ends?

The good news is that upon the termination of your marriage, there are various options to consider.… View Full Article → “How Your Health Insurance is Affected by an Ohio Divorce”

How are Student Loans Treated in an Ohio Divorce?

Who Owes Student Loan Debt in a Divorce…is it Joint?

In the US Americans owe approximately $1.77 trillion dollars in student loan debts. That is a staggering figure! So, understandably, figuring out how these loans are dealt with can be very important for couples contemplating a divorce. In Ohio, there are many factors that need to be considered. Ohio is an equitable property division state. That means that the Court does not have to divide marital debts equally but only in a “fair or equitable” manner.

WAS THE DEBT INCURRED BEFORE THE MARRIAGE?

If so, the general rule in Ohio is that such a loan would be considered personal to the individual who incurred it. That person would continue to be solely responsible to pay his/her student debt loan.

WAS THE STUDENT LOAN DEBT INCURRED AFTER THE MARRIAGE?

Student loans obtained by one spouse during the marriage may be categorized as marital debt subject to equitable distribution.… View Full Article → “How are Student Loans Treated in an Ohio Divorce?”

Tips to Reduce The “Shell-Shocked” Phase After a Divorce!

The Various Stages of Post-Divorce Transition…Once The Initial Shock Wears Off

I have been doing some reading lately regarding the various stages of post-divorce transition folks go through to compare it with what I have seen as a divorce lawyer over the past 40+ years. The various “expert’s” articles that I have read seem to confirm many of my personal observations.

Generally there are 5 to 7 different phases that psychologists have identified. Just like grief moves through different stages, so do divorced individuals. Like with grief, the stages vary with each person as does the length of each phase. This is understandable since often it is just one party that wants out of the marriage.

In a well-written article by Robert Taibbi, LCSW, posted in Psychology Today on March 11, 2023, titled 6 Stages of Separation or Divorce, the author clearly lays out the various stages of life during and after a divorce.… View Full Article → “Tips to Reduce The “Shell-Shocked” Phase After a Divorce!”

Blast From The Past: What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?

PUBLISHERS NOTE: Here is one of my favorites posts from back on November 12th, 2022! The advice rings as true now as it did then. 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!

Filing a Contempt Motion Against Your Ex: The Pros and Cons

Your Ex Could be Held in Contempt Motion for Failure to Comply with a Divorce Court Order

Divorce cases can often continue to create headaches for the parties long after the Final Decree of Divorce has been issued. Sorry to perhaps be the bearer of bad news! Some individuals will refuse to follow Court Orders no matter what the issue or how clearly it is stated in the Court Order.

Some Ohio Courts are becoming more sensitive to that reality and are channeling “high conflict” post decree cases to a different docket so that they receive greater attention including scheduling periodic review hearings (especially if the issue pertains to parenting time).… View Full Article → “Blast From The Past: What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?”

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