Call for a free consultation 513-895-0030
Menu Contact

Butler County Divorce Law Blog

Circumstances that can invalidate prenups

Ohio couples generally sign prenuptial agreements to establish how to divide property and finances in the event of a divorce. However, this does not mean that a prenup is fullproof. There are circumstances that can cause a court to invalidate parts of a prenuptial agreement, either at the time of filing, or sometime down the road during a divorce proceeding. 

According to the Ohio State Bar Association, a court might choose not to enforce a prenuptial agreement for a number of reasons. If a court discovers an agreement was performed under duress or influence, or if fraud is present, or if something was misrepresented, the agreement is unlikely to be enforced. Additionally, a judge may look at the span of time between when an agreement is made and the date of the wedding. Courts may be unlikely to enforce agreements made on the eve of the wedding itself.

What is the Uniform Deployed Parents Custody and Visitation Act?

Military divorces in Ohio come with some special considerations. If you find yourself needing to file for divorce and you are in the military or your spouse is, then it is helpful to learn a bit more about the things that differ from a civilian divorce. 

One of those things is the Uniform Deployed Parents Custody and Visitation Act, which, according to the National Conference of State Legislatures, helps outline custody and visitation for military families. Such as act is needed because of the different living situations and circumstances faced by members of the military. The courts want both parents involved in a child's life. When you are in the military, you may be moving around a lot or even deployed for a period of time, which can make visitation difficult. 

3 tips for getting through a same-sex divorce

It was a long road to legalizing same-sex marriage, and you took part in the benefits in the past few years. Unfortunately, not all gay couples live happily ever after. If you are experiencing difficulties in your marriage and are considering splitting up, you may have a lot of concerns. 

Divorce is difficult for anyone, but there are some unique challenges facing gay couples ending their marriages. Here are some tips to get through this difficult time: 

The facts about uncontested divorce

A popular perception of divorce is that it is often an acrimonious and contentious process, but it is possible for Ohio couples who are calling off their marriage to undergo a divorce without litigating it in court. Such divorces are commonly known as uncontested divorces, and they can present a number of benefits to the parties involved.

The Findlaw website describes spouses in uncontested divorces as agreeing on major issues such as child custody arrangements, dividing property and spousal support payments, issues that would otherwise be litigated in court. Uncontested divorce still functions like contested divorce in that the process begins with one party filing for divorce. A court may grant uncontested divorce if the other spouse either agrees to it or does not make an appearance. However, the other party can block an uncontested divorce by filing the necessary papers in court.  

Is real estate always subject to divorce claims?

Real estate is a valuable asset for many Ohio residents, so in the event a couple decides to divorce, a piece of property owned by one of the spouses might be claimed as co-owned by the other party and is entitled to a piece of it. The question of real estate can be tricky in a divorce proceeding, so discerning whether property is not subject to divorce claims is important.

According to the Findlaw website, Ohio law considers all property a couple acquires during a marriage to be marital property. If property is designated to be marital property, it can be divided during a divorce proceeding. State law defines a marriage as the period after the start of the marriage all the way through the last hearing of a divorce action or a legal separation. Thus, any piece of real estate acquired by one or both spouses during this time period is considered to be marital property and is fair game during a divorce. Additionally, marital property includes the interest any spouse holds in personal property or in a piece of real estate.

Can grandparents get visitation rights?

If you are a grandparent of a child in Ohio, you may wonder if you have any rights to visitation with that child. While your rights are not automatic like a parent's rights, the court can grant you visitation in some situations. Generally, according to the Ohio Legislative Service, to be awarded grandparents visitation rights, you must show that it is in the best interests of the child.

The court can only grant grandparents rights in three situations. The first is when the parents are not married. If you are a paternal grandparent, the father must be determined first either through voluntarily admitting or through a DNA test. The second situation is if your child dies. You can then petition for visitation rights to his or her child. The last situation is when the parent's divorce or separate. You may file for rights as part of the divorce case or after. 

What state should I have to file in for a military divorce?

For most couples in Ohio, it is easy to decide where to file for divorce. They go to the local courthouse and get it handled. However, if you are a military family, it may not be that easy due to moving around a lot and not having a permanent address or even established residency, which are often required to file. 

According to Military.com, choosing what state in which to file for divorce is a serious matter due to the difference in laws between states. Luckily, you have a choice of where to file. However, there are still rules you must follow when choosing a state.

Co-parenting a child who is in college

When children head off to college, your co-parenting arrangement is likely to change in the sense that the children have more say and independence in what they do. Also, you no longer have the ability to go to court to force a parenting plan modification, at least for that specific child.

Of course, there may be exceptions if the child happens to be younger than 18. For the most part, though, you are in for what could be some tricky paths to navigate. Here are some tips to help these college years go by more smoothly.

The many benefits of divorce mediation

If you are among the many people across Ohio who suspect a divorce may be in your near future, you may be starting to do your research about the process and exactly what it involves. Unless your soon-to-be-former partner is abusive or the two of you have a particularly volatile relationship, you may want to consider undergoing divorce mediation, as opposed to a traditional divorce. At the Law Office of Kristen L. Campbell, LLC, we understand that divorce mediation offers many benefits, and we have helped many clients navigate the process while pursuing mutually suitable post-divorce arrangements.

According to the American Bar Association, mediation involves having both parties in a marriage rely on an unbiased third party, called the mediator, who can help the two of you identify and work through issues. These might include alimony issues, child custody issues, asset division issues and so on, but the ultimate goal in mediation is typically to enable you and the other party to establish lasting, agreeable terms for your divorce.

Divorce: Recognizing the signs of PAS to protect your kids

When couples in Ohio who have kids divorce, the effects often bring about changes to their relationships that ultimately damage the family dynamic. Change is an unavoidable aspect that affects everyone's relationship with each other. If you are going through a legal separation and want to minimize its effects on your kids, it is important for you to not interfere with their relationship with the other parent. 

Parental alienation syndrome (PAS) is a dirty tactic some parents use to get the upper hand in child custody and visitation negotiations. Some of them think that by manipulating their kids' emotions and actions, they can destroy the other parent's relationship with them. As beneficial as this may seem, it can have extremely damaging and long-reaching effects on the victims. 

Email us for a response Review Us

Do you need an experienced family law attorney?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Review Us

Our Location

10 Journal Square Suite 400
Hamilton, OH 45011

Phone: 513-895-0030
Fax: 513-737-1631
Hamilton Law Office Map