Dayton divorce lawyer

The Importance of the De Facto End Date of Marriage in an Ohio Divorce

What Is a De Facto End Date of Marriage in Ohio?

In an Ohio divorce, the de facto end date of marriage Ohio courts apply can significantly impact property division, debt allocation, and spousal support. In typical divorce proceedings, the end date of marriage is the date of the final hearing, when the divorce is granted.

However, this isn’t always the case. A court can determine what is called a de facto end date of marriage. This sets the termination date of the marriage prior to the final hearing and decree, despite not having obtained said decree yet. That date frequently may be determined to be the date of separation or perhaps the filing date of the divorce complaint.

In addition, a hotly contested divorce case can take a year or longer to complete, which can add to the importance of filing a motion to determine the De Facto termination date of the marriage, especially if you are representing the spouse earning most of the marital income!… View Full Article → “The Importance of the De Facto End Date of Marriage in an Ohio Divorce”

Understanding the Differences Between a Dissolution and a Divorce in Ohio

Dissolution vs Divorce in Dayton and Montgomery County Courts

When considering dissolution vs divorce Ohio, it is important to understand that these are two very different legal processes with unique requirements and outcomes. A dissolution and divorces in Ohio is different than most states. In most states, those terms can be used synonymously, but they are alternate proceedings with different statutory regulations in Ohio. Marriages in Ohio can be ended in one of two ways – by divorce or by dissolution. Understanding dissolution vs divorce Ohio can help couples choose the most efficient and appropriate way to end their marriage.

Dissolution

A dissolution proceeding is the quickest and easiest of the two methods to terminate your marriage, but in order to proceed with a dissolution there are certain considerations that must be met. Primarily, there must be a total and full agreement signed by both parties as to ALL terms of the dissolution.… View Full Article → “Understanding the Differences Between a Dissolution and a Divorce in Ohio”

What is a Trial Separation in Ohio? Is it the Same Thing as a Legal Separation?

Understanding How a Trial Separation in Ohio Works

A trial separation in Ohio is not the same as a legal separation. They are not at all the same thing! I previously explained the characteristics of what a legal separation is in Ohio. Click here to read that post from 5 years ago. The basics in it are still applicable today.

Today, I will share some of my thoughts about a “trial separation” – which is an informal agreement for 2 people to live apart. Essentially, it is an experiment in living apart. During this time the parties of course remain married, but live apart. A party may move back home, in with a friend, or rent an apartment.

This arrangement is typically done for one or both parties to have space apart to evaluate their feelings towards each other, their long term goals, and overall compatibility. In addition, Many couples choose a trial separation in Ohio before filing for divorce.… View Full Article → “What is a Trial Separation in Ohio? Is it the Same Thing as a Legal Separation?”

Domestic Violence – Let’s Look at the Local Statistics!

Domestic Violence – No More Silence

The number of reported domestic violence cases has dramatically increased over the years since the domestic violence statute went into effect in Ohio in 1978. These numbers shocked me, even as a Dayton divorce lawyer who entered the practice back in 1978.

Chief Montgomery County Magistrate Keith Hall recently reported the following:

In 1978 there were 35 Civil Domestic Violence Filings
In 1979 there were 50 Civil Domestic Violence Filings
In 2016 there were 1,400 Civil Domestic Violence Filings
In 2017 there were 1,710 Civil Domestic Violence Filings

Believe it or not, this number of Civil Domestic Violence Filings in 2017 EXCEEDED the total number of divorces and dissolutions combined that year!

To try to help put this in context, I interviewed Jane Keiffer, MSW, LISW, the Executive Director of the Artemis Center in Dayton. Ms. Keiffer explained that she did not interpret these numbers to mean necessarily that MORE domestic violence was occurring, but that there was much more awareness in our society.… View Full Article → “Domestic Violence – Let’s Look at the Local Statistics!”

The Name Game: Shirley, Shirley bo Birley . . .

Don’t forget to discuss with your Dayton divorce lawyer before the final hearing if you want to be reinstated to a former name. This is the time to accomplish the name change with ease, and typically, without any additional costs! Procedures vary from court to court whether the name change can be submitted as part of the Final Decree or by way of a separate Court Order. Either way, it is easy, and the wife has the right to decide whether she wants to keep her married surname. No, husbands, you cannot require your ex to relinquish your surname. And wives cannot pick a new surname; they can only be reinstated to a maiden or former name.

If you decide months after the divorce that you want to go back to a former name, it may be too late to have the Domestic Relations Court enter the name change for you.… View Full Article → “The Name Game: Shirley, Shirley bo Birley . . .”