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Butler County Divorce Law Blog

Beware of the stressors that cause military couples to divorce

There are a variety of reasons that cause marriages to fail. One such factor is job stress. Active members of the armed forces often spend significant time away from their spouses while deployed or away at training. Soldiers are constantly under pressure to remain fit and on top of everything in their field. The amount of stress that our soldiers are under leads many to question what impact this has on military divorce.

Divorce is a civil matter. The military doesn't invest a lot of resources into tracking who's getting divorced. Most jurisdictions don't track the profession of those who file to end their marriage. This is why it's hard to get an accurate number of service members who divorce.

Age may play a role when an Ohio judge divides up property

If you ask most individuals, they'll say that there's never a right time to go through a divorce. Coming to terms with the fact that your marriage is ending can hard on anyone. It's particularly difficult for those who are preparing to retire or who have recently done so. If you're slated to start receiving Social Security (SS) benefits soon, then it can be equally difficult.

One of the most difficult assets for divorcing couples to split up are retirement plans or pensions.

Why judges are hesitant to award custody to grandparents

While there are some instances in which grandparents are asked to step in and take custody of their grandkids out of necessity, this isn't the norm. There are far more instances in which grandparents step in to petition the court for custody of their grandchildren because they don't believe that the kids' parents are doing an adequate job at parenting. These cases often don't go well for grandparents.

You're likely aware that it's the responsibility of your Ohio judge to make decisions that they believe are in the best interest of a child. The truth is that unless the court is provided with some type of proof that a minor is being neglected or abused, it's unlikely that the judge will be willing to remove custody of the child from their parent.

What type of training do divorce mediators have in Ohio?

Mediation is a type of Alternative Dispute Resolution (ADR) that has been used by individuals to resolve their differences on a variety of matters over the past few decades. It's an approach that has been used to resolve contract disputes between companies and consumers, neighborly disputes and most recently as a method for settling divorce cases and other family law matters.

Mediators aren't all attorneys, but instead, they come from many walks of life. Individuals wishing to do mediation must have a bachelor's degree and at least two years of experience in working with families. These individuals need only to complete 40-hour Divorce Mediation training and 12-hour General Mediation training that is authorized by the Supreme Court of Ohio to be allowed to practice in this profession.

Unmarried fathers can assert their rights to parenting time

The love you have for your children and the bond that you share with them exists independent of the relationship you have with the other parent. Even if you never marry the mother of your children, it is natural for you to want to have a relationship with the children. Unfortunately, a negative relationship with the other parent could mean that you have trouble securing parenting time with your kids.

Thankfully, the law in Ohio does not allow one parent to unilaterally control access to the children, regardless of the marital status of the parents at the time of conception or birth. An unmarried father has the right to shared custody or at least parenting time under the law in Ohio. He just has to establish himself as the father.

Military divorce isn't all that similar to a civilian one

If you ask military officials about divorce, they'll tell you that it's a civilian matter. That's not necessarily the case though. Members of the armed forces enjoy certain benefits in handling their divorces that civilians don't have. Military spouses are also guaranteed a portion of their ex's pension in many cases. This is why any Ohio attorney that you work with must have experience in handling military divorces.

Unlike civilians, service members can potentially file for divorce in three states.

What factors do Ohio judges consider when awarding visitation?

In 1994, the Ohio Supreme Court ruled that grandparents have no constitutional right to request visitation with their grandchildren. The justices later conceded that a statute must be passed if grandparents want to enjoy visitation with their grandchildren. Even still, they argued, their right to visit with their grandson or granddaughter would come down to whether doing so was truly in the best interest of the child.

There are several factors that judges consider when determining what truly is the most ideal decision to make in such instances.

What are some benefits associated with divorce mediation?

Divorce can be hard on anyone. Change is often jarring. It frays emotions. Spouses struggle to communicate early on, while they're getting their bearings. If you're new to the divorce process and concerned about how things are going to go if you head to court, then you may want to consider mediation.

Mediation may be an ideal way for you to try to resolve your divorce if you're looking to keep things between you and your ex peaceful.

Should you sell your house when you get divorced?

Getting divorced does not necessarily mean you both have to move. In some situations, one person takes over the mortgage or buys their spouse out with a new mortgage, allowing them to keep the home even after the relationship ends.

What you decide to do is ultimately up to you and your financial position. Should you sell or should you attempt to keep the home? Many people feel an emotional connection to the house or just do not want to deal with the hassle of moving, so they try to keep it. To counter this instinct, in the spirit of really considering all of your options, let's take a look at some of the reasons you should sell:

  • It's simple. You sell the home. You take half of the profits and your ex takes half. It's over.
  • You can move forward. The last thing you want is to stay involved in a long, complicated process with your ex.
  • You start fresh. It may be hard to stay in the home if you did not want the marriage to end or if it did not end on good terms.
  • You may earn money. If it's a good time to sell, you can use those proceeds to eliminate other debts.
  • You get to pick your new home. So does your ex. You both have a lot of freedom after the divorce.

Can you divorce without going to trial?

Divorce is still a common part of life for many married couples in Ohio. Cambridge has the highest divorce rate in the state, with 1,954 divorcees residing in the city. 

Divorcing a spouse is incredibly stressful. This holds especially true when you consider that many couples end up spending months in a courtroom hashing out the finer details of the separation. However, couples in Ohio have the option of avoiding a drawn-out trial as long as they can reach agreements independently. 

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