Postnuptial Agreements — Are they Valid in Ohio?

By Joseph E. Balmer   |   December 31st, 2011
PUBLISHER’S NOTE:

Finally Ohio has joined 48 other states and is now permitting postnuptial agreements to be executed and recognized. This is extremely significant news for married couples in Ohio! Click the following blog articles about this law change. Also, please see our new Postnuptial Agreements help page by clicking here.

  • “Now That Postnuptial Agreements are Legal in Ohio, Might One Make Sense for You?”
  • “Postnuptial Agreements Will Soon Become Legal in Ohio”

Did not make a Prenuptial Agreement, Are Postnuptial Agreements allowed?

I am often asked whether a couple that never got around to executing an antenuptial (or prenuptial) agreement before they got married can execute a postnuptial agreement after the marriage ceremony. The answer varies greatly from state to state, and it is important to get an answer from an advisor familiar with the laws of the state in which the couple is residing.

Does Ohio Allow  Postnuptial AgreementS?

In Ohio, the answer is clearly “no”.… View Full Article → “Postnuptial Agreements — Are they Valid in Ohio?”

Divorce and The Christmas Story

By John C. Meehling   |   December 17th, 2011

Reconciling Divorce with the Holidays

How The Christmas Story relates to Divorce

Many of us associate the holidays with certain fond memories or warm feelings. It’s a time of year when many people make an extra effort to get together with family and friends. We often reconnect with relatives, spend extra time with our children, open presents, share great meals, sit around a fireplace, laugh, return gifts, watch football, nap, and hopefully get to see it snow.

Whether we attend church regularly or not, statistics show that the majority of us also make sure to attend a church service at Christmas time. During most Christmas services we sing hymns and carols, light candles, smile and say hello to lots of people we may not know, and we are reminded of the “reason for the season”…the birth of Christ, or The Christmas Story as we sometimes call it.

The Christmas Story.

When we hear those words, I am sure that many images quickly come to mind.… View Full Article → “Divorce and The Christmas Story”

FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES

By Anne Shale   |   December 10th, 2011

My Spouse “Lied” on His/Her Financial Affidavit

Lies and Misrepresentations on the Financial Affidavit in Ohio Divorce Actions

In Ohio, when a divorce proceeding is initiated, the Plaintiff files his or her Complaint for Divorce along with his/her Financial Affidavit and other pleadings. The Financial Affidavit, a “sworn” statement made under oath disclosing the incomes, assets, liabilities of the parties and the monthly expenses of the Affiant. The Financial Affidavit, also called the Affidavit of Income and Expenses, is a very important pleading, as it provides the filing party the opportunity to request (1) temporary custody of the child or children, (2) temporary child support, and/or (3) temporary spousal support during the pendency of the proceeding. This Financial Affidavit is also the pleading that is relied upon by the Court in determining the amount of temporary support (child and/or spousal support). Accordingly, if the Plaintiff “lies” or “misrepresents” the incomes or earnings of either party, the resultant Temporary Order of Support may be improper and unduly burdensome to the Obligor (person ordered to pay support).… View Full Article → “FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES”

Holiday Guilt: The Gift that Keeps on Giving….

By Guest Contributor Donna F. Ferber, LPC, LADC   |   December 3rd, 2011

How to Avoid Manipulation by Family and Friends during the holiday season

And so it begins…The constant jockeying, bargaining, organizing, planning, and fretting that shows up every holiday season as we are bombarded with images of “creating the perfect holiday”. We struggle to meet the needs wishes and expectations (and yes, sometimes, even the demands) of everyone in our lives. Realistically, we know we can’t please everyone (so you got to please yourself…), yet we still go at that long list of “should’s” with the tenacity of a dog with a juicy bone.

Louise Hay, author of You Can Heal Your Life writes that she wishes “should” just be abolished from our language completely! Why such a vehement reaction to this one little word? Because “should,” actually takes away our personal power.  “Should” doesn’t address what we want to do, what we could do, or what we need to do. When we make a decision based on “should” we are making a decision based on guilt.… View Full Article → “Holiday Guilt: The Gift that Keeps on Giving….”

Viability: The Beginning of Human Life

By John C. Meehling   |   November 26th, 2011

The legal concept of viability, or exactly when it is that life begins, is a hot topic both in and out of the courtroom.  In August of 2008, the presidential candidates were attending a forum at the Saddleback Church in Lake Forest, California, when the moderator and church pastor, Rev. Rick Warren, asked the candidates, “At what point does a baby get human rights?”  You may remember that then Senator Barack Obama replied to Warren by saying that determining when life begins, is “above his pay grade.”  Such an “artful dodge” is no longer acceptable in more and more forums, especially in the courtroom, because determining when to grant an unborn fetus human rights can have profound impact on both criminal and civil litigation.

On one end of the scale is thinking similar to that stated by the American Civil Liberties Union (ACLU) and pro-choice advocates in an article titled, “What’s Wrong with Fetal Rights”. … View Full Article → “Viability: The Beginning of Human Life”

Jurisdiction: A Case Study on Minimum Contacts

By Jessica M. Shively   |   November 19th, 2011
Jurisdiction – Divorce Wars Between Courts

Jurisdiction is a common question in many cases. In Dayton, Ohio, the question arises in divorce or dissolution cases when married parties spend their entire married life as residents of one state; and when the marriage is in decline, one of the parties moves to another state and then seeks to have his/her divorce or dissolution in the state in which the party moved.

This is not often problematic because the question of whether or not the new state has jurisdiction (the right, power, or authority to administer justice by hearing and determining controversies) is never raised. Often times, the spouse who stayed in the state where the marital relationship existed does not object to jurisdiction. The spouse in the marital state, generally the defendant, will file his or her Answer, and the case will proceed as any divorce or dissolution case. However, there are certain times where this is just not the case.… View Full Article → “Jurisdiction: A Case Study on Minimum Contacts”

The Reasons for Utilizing Restraining Orders in Ohio Divorce Actions

By Anne Shale   |   November 12th, 2011
The Case for Ohio Restraining Orders

In Ohio, restraining orders are not available in dissolution proceedings but only in divorce, legal separation and annulment actions. Restraining orders have become somewhat “boilerplate” in as much as they are commonplace and routinely granted on an “ex parte” basis at the time the divorce action is filed.   A “restraining order” is also executed by a Judge and issued by a Court restraining a party involved in a divorce proceeding from certain actions or activities during the divorce process. The general principle for restraining orders is to maintain the status quo of affairs at the time a divorce action is filed and to avoid “retaliatory” actions by a spouse.

Restraining orders can be obtained by either party without the necessity of an in-Court hearing or proceeding.  This means that the restraining orders are “ex parte” in nature and are ordered without the other party being heard on the issue. … View Full Article → “The Reasons for Utilizing Restraining Orders in Ohio Divorce Actions”

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