Ohio divorce law

Tracking Your Spouse During an Ohio Divorce: What Ohio’s New Tracking Law Means for Families!

What Does Ohio’s Tracking Law Prohibit?

Quick Answer: Ohio’s tracking law, R.C. 2903.216, generally prohibits knowingly using a tracking device or tracking application to track another person or their property without consent, subject to statutory exceptions. Importantly for divorcing spouses, consent previously given to tracking is presumed revoked when one spouse files for divorce or a petition for dissolution of marriage, and the statute generally provides 72 hours after service to uninstall or discontinue the tracking technology.

Ohio’s tracking law, Section 2903.216, may affect spouses going through divorce or dissolution. The law addresses the use of tracking devices and tracking applications and can become particularly important when a marriage is ending. The March 20, 2025 law specifically added provisions addressing divorce and dissolution, including the effect of a divorce complaint or dissolution petition on previously given consent to tracking. Continue Reading → about Ohio’s tracking statute, Section 2903.216.

Divorce and dissolution proceedings increasingly involve technology.… View Full Article → “Tracking Your Spouse During an Ohio Divorce: What Ohio’s New Tracking Law Means for Families!”

How Long Does Spousal Support Last in Ohio?

When Can Spousal Support Last Indefinitely in Ohio?

How long does spousal support last in Ohio? When an Ohio court awards spousal support, one of the most important questions is how long the payments will continue. Contrary to a common misconception, a long marriage does not automatically mean permanent spousal support.

Ohio Generally Favors Time-Limited Support

In Kunkle v. Kunkle, 51 Ohio St.3d 64 (1990), the Ohio Supreme Court established that spousal support should generally be limited to a reasonable period and terminate on a date certain when the recipient spouse has the ability and potential to become self-supporting.

Kunkle identified circumstances that may justify indefinite support, including:

A marriage for a long duration;
Parties of advanced age; or
A spouse who has been a homemaker with limited opportunities to develop meaningful employment.

However, these circumstances do not automatically require indefinite support.

What Factors Determine How Long Spousal Support Lasts in Ohio?… View Full Article →

Medicaid Divorce in Ohio: Risks, Pitfalls & Alternatives

Medicaid Divorce in Ohio: What You Need to Know

Publisher’s Note:

A potential client was referred to me by a local lawyer to help her initiate a “Medicaid Divorce” as her husband had lost his job, has significant medical issues and outrageous medical bills. She explained that he didn’t qualify for Medicaid because of her income and she is unable to maintain the house and support him. She wanted a divorce but remain together. The call raised all sorts of red flags!

I referred her to the law firm of Demarest + Demarest in Bellbrook to obtain the Medicaid planning advice she desperately needed. We have been partnering with Demarest & Demarest on estate planning, probate, elder law and Medicaid planning matters for almost 2 years. They do EXCELLENT work! I knew they could help her plan and consider other alternatives available.

This call also led me to suggest to Gwen and Cullen Demarest that we write this blog together to perhaps provide the public with some valuable information for those who are experiencing similar hardships.… View Full Article → “Medicaid Divorce in Ohio: Risks, Pitfalls & Alternatives”

The Secret Lives of Mormon Wives, and Domestic Violence: The Devastating Impact of Domestic Violence on Child Custody Arrangements

Domestic violence child custody Ohio cases are taken very seriously by courts, especially when a child’s safety may be at risk.

PUBLISHER’S NOTE: I want to thank Lydia Wagenbach for writing this interesting blog post! Lydia has been clerking with MuesLaw this semester. She is finishing her second year of study at the University of Dayton School of Law. Besides law Lydia, you have the talent to add a side gig working as a reality television show critic! If you liked this post, click here to read the one she wrote on January 17, 2026, titled “Ohio Prenuptial Agreements: What Love is Blind Teaches Couples”. Very well done, Lydia! You are a GREAT writer!

How Domestic Violence Affects Child Custody in Ohio

The reality TV world was recently rocked by a scandal of great proportions. Taylor Frankie Paul, the star of Hulu’s highly successful reality show Secret Lives of Mormon Wives, was all set to star on season 22 of ABC’s reality series The Bachelorette.… View Full Article → “The Secret Lives of Mormon Wives, and Domestic Violence: The Devastating Impact of Domestic Violence on Child Custody Arrangements”

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?”

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