Enforcing Your Divorce Decree

March 25, 2015

Signing a divorce decree obligates you and your former spouse to fulfill each of the agreed-upon conditions. While circumstances may make minor, occasional, and unintentional violations unavoidable and forgivable, resolving long-term problems requires going back to court to compel compliance. Three reasons you may need to enforce a divorce decree are when your previous partner:

• Stops making spousal support (alimony) and child-support payments
• Refuses to allow visits with your children or keeps your kids longer than specified in divorce papers
• Retains more proceeds from the sale of shared property or refuses to surrender listed items

How to Protect Your Retirement Assets in a Divorce

March 19, 2015

In any divorce, finances and property division can get ugly—especially if one person makes more than the other. It’s risky to assume your retirement assets are secure when you divorce, and you won’t realize how much you stand to lose until it’s too late. Central Ohio divorce lawyers can advise you on what to do when it comes to protecting your retirement assets. However, there are steps you can take to help secure your retirement assets during a divorce.

Know Ohio’s Divorce Law Regarding Property

All states have different laws regarding property during a divorce. For Ohio divorce law, most property falls below “equitable distribution of property,” which means any funds received during the marriage by either spouse are subject to equitable division. However, according to Ohio law, specific property not subject to division includes:

What Are the Rights and Benefits of Former Military Spouses?

March 5, 2015

Divorce is a stressful and complicated time for anyone, but it can be a particularly trying experience for military spouses, who are often stationed far away from their friends and loved ones while facing divorce proceedings. Military divorces pose unique issues. Many spouses divorcing a service member are concerned about whether the benefits they enjoy as military spouses will continue after their divorce.

The law typically allows for a military divorce to be filed in the state where either the husband or wife has legal residence. This generally means that the person who started the divorce files in the state where he or she is a resident. It’s important to bear in mind that the state where a military member resides has the ability to divide the military pension in a divorce. Therefore, if you file for divorce in a state that isn’t the state of residence of the military member, then the court may not be able to divide the pension.

How the Courts Determine Who Gets Custody of a Child in Ohio

March 3, 2015

Parents normally share complete custody of a minor child, unless they go through a divorce, legal separation, annulment, or dissolution. If two parents are unable to agree on who will get custody of the minor child or children in a time like this, the courts will have to make the decision.

The decision of who will get custody varies on a case-by-base basis. Under Ohio law, judges are required to make a decision about parental rights and responsibilities based on a child’s best interest. They must inquire about the care and maintenance of the child in order to make an appropriate decision.