Choosing to file for divorce is a very difficult decision. Sometimes due to varying situations, the spouses want to explore alternative choices in lieu of filing for divorce. One of those alternatives is a legal separation.
Like many issues in domestic relations, seeking to be reimbursed by the domestic relations court when your spouse has irrevocably broken the marriage vows through actions such as an affair would fall into the category of "it depends."
People often tell me that their goal for the resolution of their case is 50/50 custody. I hear the term almost daily in this area of the law. This term is actually incorrect.
In certain circumstances, grandparents do have legal rights in Ohio to custody or grandparent visitation.
When going through a divorce, the holidays are oftentimes difficult. Here are a few tips to make things go more smoothly.
October is National Domestic Violence Awareness Month. If you are in an abusive relationship - be it physically, emotionally, mentally or even financially abusive, and have thought about getting out of that relationship, make sure you take steps to prepare before you make that final step. Remember that not all abuse takes the form of red marks and bruises. Emotional and mental abuse can be just as painful. The period of breaking off a relationship and separation can be the most dangerous for an abused party. Last year, between July 1, 2016 and June 30, 2017, there were 115 domestic violence fatalities in Ohio. There were children present at the scene in 23% of those cases. Well laid plans may prevent some such tragedies.
You have made it through the exhausting process of negotiating the custody of your kids. You have visitation which is what you believe is in your children's best interest and you go to pick them up from daycare and you go up to the front desk and request to see their daily attendance records only to be told that your ex-wife has said that you are not allowed to see any records because she has sole custody. What do you do?
Clermont County Commissioner David Uible recently filed a restraining order against a person who has challenged him publicly. Uible filed the protection order because he wanted to quiet one of his most public critics; not because he was threatened with violence. The case has received significant publicity because Uible is a high profile person. First amendment advocacy groups have cried foul and media outlets are questioning the veracity of Uible's request. Unfortunately the misuse of civil protection orders is all too common. Few people, however, take notice when a high profile person is not involved.
The 2017 Kentucky Legislature passed a new statute creating a rebuttable presumption of joint custody and equal parenting time in a custody proceeding when a party is filing for a temporary order. KRS §403.280. The link to the full statute is below.
When it comes to the most important things in your life, your children and financial security, you likely do not want a stranger deciding your future. When facing divorce, many people want to know what options they have other than litigation. There are many forms of alternative dispute resolution that can be utilized before or after one files a complaint for divorce in Ohio or a petition for dissolution in Kentucky. Many clients have heard terms such as mediation or collaboration, but do not know what they mean or how they can be used in their case.