Should Couples Getting a Marriage License be Able to Elect to Require a Finding of Fault to Obtain a Divorce?

no-fault divorce vs fault divorce

The debate over fault vs no-fault divorce highlights the tension between marital commitment and individual autonomy.

Understanding Fault vs No-Fault Divorce in Modern Law

A proposal in Iowa has sparked renewed debate over the role of no-fault divorce in modern marriage law. Senate File 2172, introduced by Senator Jesse Green, would allow couples applying for a marriage license in Iowa to voluntarily waive the right to seek a no-fault divorce. While the bill ultimately did not advance this session, the arguments surrounding it reveal deep divisions about marriage, personal autonomy, and the function of family law. This seemed to me to be an interesting topic to discuss.

Under current law, Iowa follows the no-fault divorce model (similar to Ohio’s) adopted by most states in the 1970s. This system allows a marriage to be dissolved based on an irretrievable breakdown of the relationship, without requiring either spouse to prove wrongdoing. The proposed legislation would not eliminate no-fault divorce entirely.… View Full Article → “Should Couples Getting a Marriage License be Able to Elect to Require a Finding of Fault to Obtain a Divorce?”

Why an Ohio Separation Agreement for Dissolution is Crucial in Ending a Marriage

Ohio Separation Agreement for Dissolution

What Is an Ohio Separation Agreement for Dissolution?

For many, ending a marriage is a time filled with uncertainty. Nearly all aspects of a family’s life will change, including their finances, child care and custody, and living situations. In Ohio, other than by annulment, there are two ways to terminate marriages: divorce and dissolution. A properly drafted Ohio separation agreement for dissolution is required before a court will grant a dissolution. Divorces frequently require a significant amount of judicial intervention, which may not be preferable for spouses who are able to agree to terms of their separation without the need for a third party to make decisions for them. Dissolution is a more amicable alternative to divorce in which spouses both agree to ALL of the terms of their Ohio separation agreement for dissolution, terminating the marriage.

Dissolution is a process which allows the spouses to maintain a substantial amount of control over the outcome of their “uncoupling”.… View Full Article → “Why an Ohio Separation Agreement for Dissolution is Crucial in Ending a Marriage”

Lethal Domestic Violence Continues to Skyrocket!

Lethal Domestic Violence Continues to Skyrocket!

Lethal Domestic Violence in Ohio Reaches Record Highs

Lethal domestic violence in Ohio has reached crisis levels in 2025, according to newly released data from the Ohio Domestic Violence Network. I have been practicing family law and handling divorce cases in Montgomery County and in the Miami Valley for 40+ years and have represented countless people who have been a victim of domestic violence. I have posted in this blog frequently about the devastating effect it has on people who have experienced this type of crime.

Domestic violence is a crime and illegal, and it includes physical assault, sexual abuse, stalking, economic control, or psychological aggression against a household member or a family member by another family member. Technology may also come into play where people are using social media and digital platforms to control and harass their victims.

In the United States, domestic violence is one of the most serious and concerning health crises in 2025.… View Full Article → “Lethal Domestic Violence Continues to Skyrocket!”

The Importance of a Well Drafted Major Decision Making Clause in Your Shared Parenting Plan

major decision making clause in shared parenting plan

What Is a Major Decision Making Clause in a Shared Parenting Plan?

Shared parenting plans in Ohio, are designed to promote cooperation between divorced parents while ensuring that both remain actively involved in their children’s lives. However, one of the most overlooked yet crucial parts of these plans is the major decision making clause. This provision determines how key choices – like education, healthcare, and religious upbringing – will be made. When not clearly defined, it can lead to confusion, conflict, and future litigation. In my experience, one of the MOST important sections included in a shared parenting plan is the “major decision making clause”.

These clauses show the court that the parties are committed to cooperative problem-solving. In short, decision-making clauses should never be treated as boilerplate. Each family is unique – and the plan’s language should reflect that. A thoughtful, customized clause not only protects your client’s interests but also promotes the child’s well-being and reduces conflict for years to come.… View Full Article → “The Importance of a Well Drafted Major Decision Making Clause in Your Shared Parenting Plan”

The Ohio Family Law Blog Selected as One of the Top 100 Legal Blogs

On October 3, 2016, I was notified that the Ohio Family Law Blog was selected by Feedspot.com one of the Top 100 Legal Blogs on the internet! These award winning blogs span various dimensions of law such as Business Law, Employment Law, Family Law, Construction Law, Personal Injury Law, Criminal Law and many other areas of law throughout the world.  Feedspot.com offers a site where you can save time by selecting topics to your specific interests, including law and everything from lifestyle issues to culture, business and sports and have the articles emailed to you. It is a very cool compilation of online information about most everything!

The blogs were ranked independently based them on the following criteria:

  • Google reputation and Google search ranking;
  • Influence and popularity on Facebook, twitter and other social media sites;
  • Quality and consistency of posts; and
  • Feedspot’s editorial team and expert review.

The Ohio Family Law Blog ranked #54 overall, topped the list of family law/divorce blogs and was ranked the second highest rated legal blog in Ohio.  … View Full Article → “The Ohio Family Law Blog Selected as One of the Top 100 Legal Blogs”

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