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Butler County Divorce Law Blog

Is all property divisible in a divorce?

Going through a divorce is often difficult and may feel overwhelming. You may be faced with strong emotions, as well as the hard task of dividing up the property that was accumulated during the course of the marriage. Ohio is an equitable distribution of property state, meaning all marital property is divided in a fashion that is considered fair and equitable by a court-appointed judge. Although marital items, such as the family home, vehicle, furniture, assets and possessions may be split between you and your spouse, there are some items that may remain in the sole possession of the original owner.

Separate property often stays with the original owner in the case of a divorce. This includes the following types of property:

  •          Gifts given to either spouse by a third party.
  •          Inheritance money.
  •          Property owned prior to the marriage.
  •          Compensation gained from a personal injury case.

Joint-custody may be better for children

One of the most difficult topics to tackle when going through a divorce is that of child custody. It is hard to help children understand why their family is separating and help them to recover from this extreme change of life. It is during this difficult and emotional time that parents must look at the important roles that both mothers and fathers have in children’s’ lives. While one parent may want to keep the child the majority of the time, he or she must consider the child’s best interests and how spending time with both parents is proven to be beneficial for children of all ages.

Multiple studies have examined the benefits of joint-custody arrangements or having children spend a significant amount of time with both parents, even from an early age. The Father Involvement Research Alliance found that small babies who spend time with their fathers are more confident in new situations and feel secure and safe exploring their surroundings. Kids with involved fathers often do better in school, earn higher grades, have a higher self-esteem and are more emotionally secure than children who are raised in sole-custody situations. Children who have continued access to both parents often have an easier time finding great careers, developing solid social networks and maintaining long relationships with family and friends.

Same-sex parents still face challenges

The recognition of same-sex marriage across the country was a great step forward in civil rights for the LGBT community and their supporters. However, as you may not be surprised to hear, this legal move was not the end of family law issues for same-sex couples in Ohio and elsewhere.

Some states were slow to catch up with the idea of gay marriage. Property division and child custody issues continued to be complicated for same-sex couples seeking a divorce or wanting to have children.

3 reasons grandparents might seek custody

3 reasons grandparents might seek custody

Being a grandparent can be an incredible experience. You get to dote on your grandkids, spend time with them and take them on excursions they will never forget. One of the best parts, though, is the fact that they get to go home with their parents at the end of the day—which makes the time you spend together all the more special. There are some circumstances, though, in which this might not be the case.

What constitutes an equitable property division in Ohio?

When you and your spouse divorce in Ohio, you must divide all the property that the two of you acquired during your marriage as equally as possible between you. Sometimes, however, a precise 50-50 property split would be unfair, leaving one of you at a disadvantage. FindLaw explains that in such a situation, you instead must divide your marital property equitably

There is no one-size-fits-all definition of what constitutes a fair and equitable property division. Rather, the court takes a variety of factors into consideration when making that determination, including the following:

  • How long you have been married
  • The value of your marital assets
  • The liquidity of your assets, i.e., how easily they can be converted into cash
  • The desirability of awarding your family home to whichever one of you gets custody of your children
  • The tax consequences of the property division to each of you

Finding support for grandparents with custody

It can be more difficult, both emotionally and financially, for grandparents raising their grandchildren than when they were raising their own children. Ohio grandparents with custody may face numerous challenges, such as living on a limited retirement income and age-related health issues, which can complicate taking on parental duties. The children may also be dealing with feelings of loss and other emotional issues that come from not being raised by their parents. Not surprisingly, custodial grandparents may feel overwhelmed and out of their league.

Grandparents should not have to feel alone when they are raising their grandchildren, asserts AARP. With numerous forms of government, community and online support, there should be ways for stressed and overtaxed grandparents to find help. They may begin by reaching out to support groups online and searching for assistance in their area. They may find emotional help and advice through programs sponsored by community centers, churches, schools and youth groups.

Domestic violence in a military marriage

Those who serve in the armed forces provide an honorable service to the rest of the country. However, as we at the Law Office of Kristen L. Campbell, LLC, understand, not everyone enlisted in the military behaves with kindness and respect at home. There are some military marriages in Ohio and elsewhere in which spousal abuse is a regular occurrence. However, those in the armed forces are held to a high standard by their superiors. If your military spouse is abusing you, you should have effective recourse.

In any abusive marriage, the abused spouse can face constant fear of being intimidated, belittled, ridiculed, threatened and harmed. However, as you may be aware, certain factors unique to military life can complicate an already abusive and volatile situation, as in the following examples:

  • Frequent deployments and the upheaval of periodic relocations causing stress in the marriage
  • Combat situations resulting in post-traumatic stress disorder, which may trigger violent outbursts and anger
  • Training and experience with deadly weapons and combat moves
  • Easy access to firearms and other weapons

Do you need to add a forensic accountant to your legal team?

If you and your spouse are contemplating an Ohio divorce, it may be difficult for you to arrive at a fair and equitable property settlement agreement, particularly if you are a high-asset couple. Your difficulties could be especially complex if you believe that your spouse is attempting to hide assets from you.

Depending on the extent and diversity of the various investments, holdings and business interests involved in your divorce, you may wish to consider adding a forensic accountant to your legal team to help you and your attorney discover, track and value your spouse’s assets. Forensic accountants receive special education and training in the art of finding hidden assets.

Challenges in facing a military divorce

A military divorce can differ in several ways from a civilian divorce. If you are facing a divorce from your military spouse, or if you yourself are active duty military, there are some special considerations you must know about. 

Once you understand some general information about how child custody and retirement asset division works in a military divorce, you can make decisions about how to proceed. 

What are the advantages of mediation?

If you have considered filing for legal separation or divorce, you may have thought about all of your options when it comes to dissolving your marriage. Two of the most popular methods of filing for divorce involve traditional courtroom divorce and mediation. Mediation has many advantages over courtroom litigation. Research shows that couples who choose to undergo mediation often end the marriage on better terms than those who choose to do so under traditional divorce. Since mediation is presented as non-confrontational and is more relaxed, you may not have the heated emotions that couples have when battling out in court.

One advantage of mediation is that it is more cost-effective. You may be able to avoid having to pay expensive court fees and eveny reduce attorneys’ fees as well. Divorces may be completed quicker through mediation, in that you are able to schedule your mediation appointments rather than wait for lengthy court dates. In some cases, a divorce can be finalized in just one or two mediation appointments.

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