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Butler County Divorce Law Blog

Showing that you are the best caregiver for your grandchildren

At the law office of Kristen L. Campbell, LLC, we understand that deciding to take care of your grandchildren is not easy. We also understand that it could be disheartening to learn that grandparents have few legal rights in terms of Ohio custody actions.

However, we find that grandparents often have a relatively strong claim, especially in situations in which the parent is no longer able to provide for the child. Here are a few items that could help your own claim to custody.

Is all property eligible for division?

When you file for divorce in Ohio, there are a host of issues that must be negotiated in the final divorce settlement. In addition to alimony and child custody, property division may be one of the most difficult topics to tackle when organizing the final decree. It can be hard to determine if all property and assets are disclosed and who is entitled to what.

During a divorce, all marital property is distributed in a fair and equitable fashion, whether it is by the judge who is presiding over the case or through mediation. Yet, not all property and assets are considered marital. There are some items, referred to as separate property, that may remain in the sole possession of the original owner, even after the divorce is finalized.

The long-term impact of divorce

When it comes to divorce, there are a number of issues (both positive and possibly negative) to consider. Often, people think about the immediate impact of ending their marriage, from stress in the courtroom to how their daily life will change after splitting up with their spouse. However, it is also very helpful to go over the long-term impact of divorce. In fact, there may be a number of reasons why ending a marriage is advantageous over the course of someone’s life.

When someone is in an unhealthy marriage, their life may be held back in many ways (emotionally, financially and so on). They may be unable to move forward in their career, live where they want to, pursue hobbies and activities that are important to them and live life as they wish. Moreover, they may become depressed or struggle with other problems as a result of a toxic marriage that they feel stuck in. By moving forward and leaving this relationship, their life could improve in countless ways, and the benefits of doing so may be very clear after a number of years have passed.

Do you need a forensic accountant on your divorce team?

When you separate from your significant other in Ohio, chances are, you are going to need to do some untangling of your shared assets and debts. While the process can prove easier for some divorcing couples than others, increasingly, those looking to make sure they get everything they deserve in the split are relying on the assistance of forensic accountants.

Forensic accountants, per Forbes, are accounting and finance professionals who may be able to help people going through divorces sort through a variety of matters relating to their finances. So, what can a forensic accountant potentially do for you? For starters, forensic accountants can help make sure that all assets and sources of income undergo consideration during your divorce. If, for example, you feel as if your ex is hiding income or assets, a forensic accountant may be able to help you get the answers you desire. This type of accounting professional may also be able to help you appraise high-value assets, such as classic cars, works of art and the like, so that you and your former partner can divide their value accordingly.

The hidden victims of the opioid epidemic

There were over 3,500 deaths related to opioids in Ohio in 2016. Nobody would argue that the national opioid abuse epidemic has hit this state harder than most other places in America. 

Even with an inflow of hundreds of thousands of dollars to Butler County alone, it is likely that these drugs will continue to destroy more lives for several years. Unfortunately, there is also a hidden victim of this epidemic: the families of addicts. It is often up to the relatives of drug victims to take care of estates or provide homes for children.

Child custody and the military

If you or your ex-spouse are in the military, child custody is different and presents more complications because of things such as transfers and deployment. If you live in Ohio, the ideal thing you can do is discuss with your ex the best situation for your children and come to an agreement together. If you and your ex-spouse cannot agree, the court can intervene and make a custody agreement that works best. 

According to FindLaw, a custody agreement in a military family is similar to one in civilian families. Each parent, and/or a judge, considers factors, such as needs of the children, current living situation and each parent's ability to provide a safe and loving home, to decide what is the best living situation for each child. However, military couples have an added factor to consider, which is the probability of transferring to another base or deployment to the battleground. Because of this, parents often include provisions that relate to these circumstances.

Using divorce mediation to your advantage

As you stare your divorce in the face, you are becoming more concerned about how this significant change in your relationship could alter your life's future. Mediation is a valuable tool that you can use to your advantage if you understand how your decisions will impact your outcome. At the Law Office of Kristen L. Campbell, LLC, we are committed to helping people in Ohio to work through the process of separating from their spouse.

Mediation is the portion of your divorce where decisions will be made regarding how specific property, possessions and assets will be split between you and your soon-to-be ex. While this may sound rather simplistic, you may be surprised at how strongly you feel about the fate of certain things that ultimately end up with your ex. Giving yourself a winning shot at being satisfied with the outcome of your mediation requires you to be flexible and willing to acknowledge that you will not get everything you desire. Create a vision of your future, and identify what you need to do to achieve those goals if your mediation leaves you with missing pieces. 

Do Ohio grandparents have visitation rights?

As an Ohio grandparent, you may wish to establish and maintain a strong relationship with your grandson or granddaughter, but there may be other forces at play that make this particularly difficult. Under such circumstances, you may want to pursue legal visitation rights to your grandchild so that nothing threatens your relationship with him or her, and you may or may not be able to find success in doing so.

Ultimately, per the Legislative Service Commission, whether you may be able to secure legal visitation rights to your Ohio grandchild will depend on whether you meet certain criteria. More specifically, one of three circumstances must exist in order for the Ohio court system to grant you legal visitation rights.

How can a divorce affect your taxes?

Whether you are currently going through a divorce or you have just recently filed for legal separation, there are several matters that must be taken care of. You may be occupied with issues involving property division, child custody and alimony, but forget to think about how the divorce will affect your taxes. The financial implications of divorce can be difficult to handle, and some may have long-lasting effects on your life. Taxes, for one, will most likely be different whether you are filing jointly or separately.

There are several things you must think about when filing your taxes during or after a divorce. First, the alimony you pay can be deducted in your taxes; however, it must be the amount of alimony named in the final divorce settlement or decree. If the total amount paid is over the amount set by the court, the extra amount is not tax-deductible. If you have received alimony, you must pay taxes on the amount received. Child support payments, on the other hand, are not tax-deductible, nor do you have to pay taxes on it.

How to create a parenting plan through mediation

Whether you are currently filing for divorce or you are simply considering terminating your marriage, there are many things to consider, especially when there are children involved. One of the most important plans included in your divorce settlement is your child custody arrangement. Children who are forced to go through a divorce and deal with their parents separating may have difficulties when it comes to adjusting to this big change in life. Yet, you may be able to minimize the overwhelming feelings by creating a solid parenting plan.

When you and your spouse are able to discuss the matter at hand civilly, you may be able to create a parenting plan through mediation. This is a positive alternative to having the child custody arrangement created by a judge who is presiding over the divorce case. Not only do you and your spouse know your situation and your child better than anyone, you may be better able to customize your schedule rather than leave the details in the hands of a judge. Using mediation, you and your spouse may be able to come up with a parenting plan that may not be available had a judge determined the details.

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