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Butler County Divorce Law Blog

Understanding the 20/20/20 military divorce rule

If you live in Ohio and are prepping for a divorce from a member of the U.S. Armed Forces, you may be wondering whether you will retain access to your ex’s military benefits and otherwise be able to support yourself once your divorce becomes final. At the Law Office of Kristen L. Campbell, LLC, we have a firm understanding of the specifics surrounding military divorce, and we have helped many clients on both sides of the equation navigate the complexities associated with ending marriage.

While you may be able to pursue spousal or child support from your spouse following your divorce, you must meet specific criteria if you wish to also retain access to military benefits such as Tricare and use of the military commissary. Ultimately, per Military.com, whether you can still utilize military benefits such as Tricare and commissaries comes down to whether you fit the criteria outlined by the “20/20/20” military divorce rule.

Studies find in favor of joint custody

As Ohio parents know, divorce can change the amount of time a parent gets to spend with his or her child. This is why figuring out a child custody arrangement that everyone can live with is of the utmost importance. New studies are finding that children who split their time between parents are coming out on top.

As Science Daily reports, a study of more than 3,600 3 to 5-year-old children in Sweden found that those who were raised in joint custody had fewest psychological and behavioral problems reported. In fact, the study which surveyed the parents and teachers of the children found that parents reported no more issues at all for children who were being raised by separated parents compared to children whose parents remained together. On the other hand, children who were raised only or mostly by one parent were most likely to have issues reported by both parents and teachers. The teachers reported the lowest rates of problems in children whose parents were still together. This is contrary to the popular belief that young children find moving between homes too stressful and suffer adverse effects from joint custody.

Study finds propensity for divorce may be genetic

Ohio couples know that marriage can be difficult and that each spouse brings their own baggage into a marriage, which many assumed could include commitment issues if a spouse came from parents who divorced. A new study found that genetics may be at play more than anyone previously realized.

According to Science Daily, a study by researchers out of Virginia Commonwealth University and Lund University in Sweden analyzed the Swedish registry to see whether adoptive children's marriages more closely resembled the marriages of their adoptive parents or their biological parents, and adopted children were more likely to mimic their biological parents' relationship. This goes against the current research, which has assumed that the reason children who come from divorced parents are more likely to divorce themselves is due to repeating what they saw growing up. Since the adopted children did not see their biological parents' relationship growing up, the researchers believe the connection is genetic.

What is a parenting plan?

Divorce proceedings concerning children have changed much since your parents got divorced long ago. Joint custody and preservation of parental rights for both parents are the primary goals of the court.

One thing that facilitates the process is the parenting plan. Creating this plan with your soon-to-be ex comes with many benefits. Your divorce may go more quickly, there will be less confusion over responsibilities and you both will be likelier to stick to the agreement.

The many benefits of divorce mediation

At the Law Office of Kristen L Campbell, LLC, we know that divorcing Ohio couples are under a great deal of stress. We also know, however, that your emotional and financial pain can be significantly lessened when you and your spouse commit to resolving your issues in a safe and rational environment rather than arguing about them in court. Such peaceful dispute resolution is the purpose of mediation.

The Ohio State Bar Association explains that mediation is a process during which a neutral third party, the mediator, helps you and your spouse communicate and negotiate with each other to reach mutually acceptable resolutions of your disputes. Such disputes may include the following:

  • Parenting responsibilities for your child(ren)
  • Parenting schedules
  • Marital property division
  • Child support
  • Additional financial issues

What are some primary concerns in a military divorce?

When Ohio parents decide to get a divorce, they can be in for a long and sometimes complex process. But what if one or both spouses are military personnel? Things can get even trickier, making it important for you to know where to place your attention and what issues to prioritize.

Military.com states that there are three main areas of concern in a military divorce. These areas include pension, spousal support, and your children. Children can be a tough issue, for example, because one parent may often be on military leave. Generally speaking, it's not in the child's best interest to be housed with that spouse regardless of the positive relationship the two may share.

What happens to survivor benefits after divorce?

If you are currently going through a divorce in Ohio, you may have a lot of questions about what to expect. If your spouse was involved in the military, you likely have even more to wonder about. There are many things that are unique to military divorces, one of them being the survivor benefits and how your divorce will affect them.

According to the Social Security Administration, you may still be eligible to receive survivor benefits if you and your marriage meet certain qualifications. The first requirement is that you have been married for at least 10 years. If you divorced before you completed the first decade of marriage, you will not be eligible for any benefits. This rule does not apply if you are caring for children who are under the age of 16 or disabled, but they must be the natural or adopted children of you and your ex-spouse.

How to divide your artwork during divorce

One of the most difficult aspects of getting divorced in Ohio is dividing up the property that you and your spouse have accumulated during your time together. Whether you were married for forty years or four months, you likely have souvenirs, furniture, vehicles and other valuables that will need to be split once your divorce is complete. This process can be even more complex for artists. If you have sculptures, paintings, carvings, drawings or other pieces that you have created during your marriage, you will need to divide these items as well. We at the Law Office of Kristen L. Campbell have experience splitting artwork and can guide you as you determine how to split these priceless treasures.

According to the Huffington Post, you need to first determine what is marital property and what is solely yours. If anything was made before your wedding, it will not need to be divided. Pieces that were begun or completed after you wed and before your official separation date will need be considered joint property. 

Is your wife hiding assets from you in your divorce?

Finances are one of the most common reasons for marital dissolution and contention in divorce. The problem becomes even worse when you suspect or discover that your spouse has been hiding assets from you.

Most advice focuses on how wives can catch their husbands and receive the property to which they are entitled. However, it can happen to husbands, too. Look for these signs that your wife is hiding assets, and learn what to do about it.

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