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

de facto end date of marriage Ohio

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 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?

A trial separation in Ohio.

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?”

High Conflict Divorce Litigation Can Turn in to a Very Long and Expensive Legal Proceeding. Here are Some Facts to Consider.

Divorce court documents used in high conflict litigation

II have been handling high conflict divorce litigation cases for over 40 years. As part of my practice, I have encouraged collaborative settlement efforts in divorce cases for decades. This is due in large part because of the emotional and financial costs and damage attendant to high conflict divorce Court litigation.

I have found that there is little information online about how grueling and expensive this high conflict divorce litigation battle can become. So, I thought it might be worthwhile to lay out what could be involved in the Court process for folks thinking about ending their marriage to consider before jumping into filing a divorce Complaint. I am not trying to scare anyone. This blog is intended to shed light on what can happen to those embarking upon the battleship “Divorce”. It hopefully can also serve as an “eye opener”and justification why it makes sense to avoid escalating to high conflict divorce litigation as one starts to consider how to dissolve their marriage.… View Full Article → “High Conflict Divorce Litigation Can Turn in to a Very Long and Expensive Legal Proceeding. Here are Some Facts to Consider.”

Gambling: The Consequences Of Financial Misconduct In A Divorce

Overview on Ohio Divorce Law: Gambling as the Basis for Financial Misconduct and Unequal Division of Marital Assets Upon Divorce

Gambling exists in every state (even in Utah and Hawaii where it is illegal), but not everyone gambles the same.  If gambling gets out of control, it becomes a real medical condition. A “Gambling Disorder”, as the affliction is known, affects slightly more than 2 percent  of all U.S. adults. According to the Mayo Clinic, “Gambling can stimulate the brain’s reward system much like drugs such as alcohol can, leading to addiction”. Individually, male gambling addicts typically accumulate an average debt between $55,000 and $90,000.  Female gambling addicts average a $15,000 debt, by one estimate. But as one might expect, most gamblers do not have sufficient resources to pay back what they owe. As a result, gambling addicts develop a high tendency to, suffer from other health issues, lose their jobs, commit crimes, and strain their relationships and marriages.… View Full Article → “Gambling: The Consequences Of Financial Misconduct In A Divorce”