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Divorce and Family Law Archives

The Difference Between Divorce, Dissolution, and Collaborative Law

Our divorce and collaborative law attorneys are commonly asked what the difference is between a divorce and dissolution. They are also frequently asked about collaborative law.

Can I Leave The Marital Residence?

Many people come in for their first consultation and one of the questions that they have is whether they can leave the marital residence. They want to know if it is OK to leave or if they are abandoning the house. Under Ohio law you do not lose any property interest in your home by moving out of it. The home remains a marital asset, which will be divided in the divorce.

Extending Child Support Beyond The Age Of Majority

Once upon a time, a child support order that was placed upon a non-residential parent was terminated upon that parent's child emancipating at age 18 or graduating from high school. Then in 1984, Castle v. Castle, 15 Ohio St. 3d 279 (1984), changed that when the Supreme Court of Ohio said that parents have a moral and legal obligation to their children beyond the age of majority for children who are unable to care for themselves due to mental or physical limitations. This case followed a trend amongst many states throughout the land and these became known as Castle children.

What To Tell The Children When Getting A Divorce

Deciding to get a divorce is oftentimes a difficult decision. Once that decision is made you have to broach the topic of what, when, and how to tell the children. It is important to remember that your children are smart and intuitive. They likely either know or sense that something is happening. For that reason, it is important to be prepared to talk to them and to answer their questions.

You Want A Divorce, Now What? The Basics Of Divorce And Dissolution.

Deciding that you are ready to end your marriage is one of the most difficult decisions that you will ever have to make, but you've made the decision, so now what? Or maybe your spouse has made the decision for you. Where do you go from here?

Kentucky Child Support Awards For The High And Low Income Earning Parents

There are guidelines set forth in KRS 403.212 used to determine the child support awards in Kentucky Family Courts. In 1990, Kentucky revised its child support guidelines for original and modified orders, with an eye toward consistency and predictably in child support awards. The Guidelines serve as a rebuttable presumption of the child support award in any given case, based primarily on the combined gross incomes of the parents. The court is required to enter a child support order when the divorcing couple has minor children together. However, the child support guidelines are outdated and many attorneys are of the opinion that the support guidelines need to be overhauled. The Child Support Guidelines stop considering income beyond a combined gross monthly income of $15,000.00. There are many families in Kentucky who are earning far more than $15,000.00 per month. Conversely, there are just as many, if not more, families who are struggling to make ends meet and cannot afford guideline support. Until recently, it was very unlikely for the courts in Kentucky to deviate from the guideline child support number, regardless of the child's needs or the parents' income.

Prenuptial Agreements, Do I Need One?

So you're getting married and now you need to decide whether you should execute a prenuptial agreement. Both Kentucky and Ohio law allow these contracts prior to the marriage to define marital rights and the rights of either spouse upon death or divorce.

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