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Butler County Divorce Law Blog

Same-sex couples may face obstacles in divorce

In 2015 when the Supreme Court ruled that same-sex couples had the right to marry in all 50 states, many celebrated. It was a victory for the LGBTQ community. But like any marriage, divorce may be inevitable. Unlike heterosexual marriages, however, same-sex couples face an additional set of obstacles during divorce.

Weigh your decision about your marital home carefully

Splitting assets during a divorce can be difficult. Many Ohio couples are tasked with deciding whether to keep or sell their Hamilton house. Factors that you'll have to take into account when trying to decide what to do with it is how long you've owned the home, how much equity it has built up in it and what the annual property taxes on it are.

Maintaining a home can be very expensive. The cost to remain in the home will fall on your shoulders unless you and your ex work out some alternative arrangements. As a homeowner, you'll have to make the mortgage payments, pay the insurance, taxes and utility costs while also covering any repairs that the home may need.

Are you ready for a stepparent adoption?

You love your spouse and their child with all your heart. In fact, nothing would make you happier than to make your stepchild your own, so that you can have all the same rights and responsibilities toward them as your spouse.

You know that they've been through a tough time as a child, and you want to make sure that they know that you're always going to be there for them. What do you need to do to adopt, and is it something that you will be able to do?

How and why dads must establish paternity in Ohio

If you've ever wondered why many couples rush to get married before their child is born, then you'll be delighted to learn that there's a method behind the madness. While moms are automatically recognized as their child's bona fide parent of their Ohio child, that's not the case with fathers.

A putative father is a man presumed to be the father of a child who has not been put on the birth certificate. Ohio has a Putative Father Registry. Fathers can request to be put on it. The Ohio Department of Job and Family Services requires an unmarried father to be placed on the registry no later than 30 days after the child is born. The registry will contact the father in the event the child is put up for adoption.

Custody and visitation arrangements for military families

Divorce can be difficult for any couple. It's especially complicated for parents in the military. Being able to arrange for child visitation can be complicated, especially if the service member parent is stationed in another state or deployed overseas.

Visitation and custody arrangements between military and civilian parents are similar in that they're both made in writing and are approved by an Ohio family law judge.

You have a chance to win visitation or custody of your grandkids

Grandparents' visitation rights have been recognized in 40 states including Ohio for the better part of the past four decades. This legislation has allowed grandparents to gain custody rights of their grandchildren when their biological parents are no longer able to care for them. This may occur because they become incarcerated, deceased or something else happens to them.

If one or both parents of the child is alive, then an Ohio judge will generally presume that the biological parent or parents should retain custody of them.

How does parental alienation impact child custody?

Many Ohio parents sadly use their kids as pawns in their custody battles when they split up. Many moms and dads do this in hopes of depriving their ex of visitation time with their child or to get them to pay more financial support. If a parent makes distasteful or unfounded remarks about the other in front of their child, then this can easily turn the child against their mom or dad. This process, which can result in a son or daughter and their parent becoming estranged is known as parental alienation.

Parental alienation can backfire against a parent. If a parent can prove that their son or daughter's mom or dad has manipulated and indoctrinated the child to turn against them, then they stand to lose a lot. Any parent who engages in this may lose their custodial rights and have their parenting time reduced to nothing more than supervised visitation.

What happens with your retirement plan when you divorce

A multitude of events in your life can cause your marriage to suddenly make a turn for the worse. You may have thought that you were getting ready to retire only to have that sidelined because you're facing getting divorced. Retirement plans are considered marital property in most states including here in Ohio. If you were fortunate enough to have drafted a prenuptial agreement, then your husband or wife may not be entitled to your retirement at all.

There are a variety of different retirement plans including a Defined Contribution Plans like a 401(k), a Defined Benefit Plans, such as a pension and then an Individual Retirement Accounts (IRA).

Why unmarried Ohio dads need to establish paternity

You and your girlfriend have been getting along really well. In fact, she just gave birth to your first child and you couldn't be happier about the turn of events. You're excited about what the future holds for you and your little family.

There's just one small problem. You're not married, and in fact, your girlfriend was married earlier to a man she hasn't seen in years but never divorced. But since he is firmly in her rear window, you have no real worries about the situation, right?

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