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Butler County Divorce Law Blog

How do grandparents obtain visitation?

If you are an Ohio grandparent, your relationship with your grandchild(ren) likely is one of the highlights of your life. Unfortunately, however, should your grandchild’s parents divorce, you may encounter difficulty obtaining visitation rights to him or her.

As LiveAbout.com explains, the Ohio Supreme Court declared back in 1994 that “grandparents have no constitutional right of association with grandchildren.” What this means is that should you wish to pursue legal avenues by which to obtain visitation with your grandchild(ren), you must do so according to Ohio statute.

Ohio residency requirements for divorce

Divorce is complicated enough, but for military families, who may hail from one state, got married in a second state, own property in a third state and live in a fourth state, obtaining an Ohio divorce may prove to be especially complex. This is because they must decide where to file and, more importantly, determine if they meet a state's residency requirements.

According to Section 3105.62 of Ohio Laws and Rules, a couple must live in Ohio for at least six months before the courts will even allow them to file a petition for divorce. Parties must file for divorce in the proper county for commencement of actions in accordance with the rules of civil procedure. Typically, the proper county is the county in which the couple resides.

Give careful consideration to stepparent adoption plans

If you are considering adopting your stepchild, the outcome could be absolutely wonderful or intensely problematic. No matter how it works out, you would be making a lifetime commitment.

There are various reasons for adopting a stepchild, but you should be aware of the possible difficulties as well as the benefits before you act.

Mediation can offer benefits after a divorce, as well

Like many Ohio residents, you might think mediation is employed only when going through a divorce, to mitigate the contention and cost that often come with divorce. However, as we at the Law Office of Kristen L. Campbell, LLC, are aware, the potential benefits of mediation can encompass all types of conflict, including the conflicts you are likely to encounter in the years following your divorce as you co-parent your children.

As Verywell Family attests, conflicts are common for parents who split time with the kids. You might disagree with your ex’s overly strict discipline style or feel as if he or she spoils the children with too much fun and no rules at all. It could upset you that your ex uses the children as pawns to get back at you or tries to control everything that goes on when it is your turn with the children. You and your ex might fight over the visitation schedule, especially during the holidays. It can also be irksome that your ex leaves all the homework and other responsibilities to you while doing none of the parenting work.

How is marital property defined under the law?

If you get a divorce in Ohio, the court will divide any marital property between you and your former spouse. The court makes a ruling on what is and what is not considered marital property based on the Ohio Revised Code, which is the law of the state. The ORC outlines exactly what is considered marital property and defines exceptions that are separate property and not susceptible to division by the court.

Under the law, both of you do not have to co-own the property for it to be marital property. Anything owned by either of you is fair game. Generally, though, only property acquired during the marriage is marital property. There are some exceptions if your combined money is used throughout the marriage to maintain the property or if you made income on the property during the marriage. Even if you do not own property, having an interest in it still makes the asset yours and it may be divided in the divorce. This covers all assets, even things such as retirement accounts.

Understanding benefits eligibility after a military divorce

When you enter into an Ohio marriage with someone who is a member of the U.S. Armed Forces, you typically gain access to certain benefits reserved for military personnel and their families. For example, you have probably grown used to shopping for groceries and supplies at military commissaries, where your purchases are tax-free and discounted, and you likely also utilize TRICARE, which provides health care coverage for military families. At the Law Office of Kristen L. Campbell, LLC, we understand that many people divorcing military spouses have questions about benefit eligibility following divorce, and we have helped many such clients answer these and related queries.

According to Military.com, maintaining access to military benefits after divorce is something you can do only if you and your former military spouse’s relationship meets certain set parameters. More specifically, to be able to retain access to military benefits, post-divorce, you and your ex’s situation must meet the terms of what is known as the 20/20/20 military divorce rule.

Coping with divorce during holidays: For the Kids

For parents, time spent with children is precious. During or after a divorce, you must split this time in a unique way.

Along with coping with your emotional and mental needs, it is critical to account for the needs of your children during this time. Aside from having a proper parenting plan in place, there are a few things to consider that can help parents assist their children with coping with divorce during the holidays.

Coping with divorce during holidays: For adults

Family is almost synonymous with the holiday season. Therefore, it is no surprise that coping with a divorce during this time can be challenging.

Along with the legal part of the divorce process, there are also emotional and mental components to manage. Adults should consider these coping mechanisms to help them through the process.

Are you married even though you had no wedding?

As you probably know, Ohio requires you and your spouse to divide your marital property fairly and equitably when you divorce. But if the two of you have lived together for many years without benefit of marriage, must you still obtain an actual divorce and split your property fairly and equitably? The answer is, “it depends.”

As Unmarried Equality explains, Ohio is one of the 16 states that recognizes some form of common law marriage, the concept that two consenting adults can, under certain circumstances, create their own legal marriage without bringing the state or any church into the matter. In the case of Ohio, though, your common law marriage is a valid one only if you and your spouse began your relationship with each other in Ohio prior to October 10, 1991.

Tips on protecting your business during a divorce

If you own a business in Ohio, you naturally want to protect it from all types of risks. Divorce is just one potential risk facing entrepreneurs, who could lose control of their enterprise if the proper measures aren’t taken. The financial loss can also be great, in addition to setting back all the hard work it took to make your business a success. The first step in protecting your interests is to create a prenuptial agreement before you get married.

As explained by Forbes, a prenuptial agreement legally defines property and asset ownership for both parties before a marriage takes place. Many people are reluctant to bring up this topic since it presumes that the marriage will end in divorce. This is a huge misstep for business owners, especially those who see their efforts grow over the course of a marriage. While the conversation may be uncomfortable, it’s better to have important financial discussions before issues occur.

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