Are You Ready to File for a Divorce?

Going through a divorce can be much more taxing than many realize.

Knowing your rights in a marriage including property, custody, and financial protection are just a few items an experienced attorney can assist you with. 

Before taking the steps to file, we strongly advise you to schedule an appointment today so we can ensure you are poised to receive all that you are entitled to. 

Don't Go Through a Divorce Alone

The separation of a family can be devastating.

Divorce can cause problems such as stress, anxiety, depression and panic attacks according to Paula Hall, relationship psychotherapist.

"There's a lot to think about during a divorce, particularly looking after children, telling your parents and dealing with their emotions, moving house, dividing possessions, setting up bank accounts, and continuing your job," she says.

Even if both parties agree on obtaining a divorce, having experienced legal representation is vital. Don't let the divorce process overwhelm you. Let us help you every step of the way. From the initial consultation to court proceedings, we are available to meet your needs 24-7.

Our office is poised to represent you to ensure your financial, parental and property interests are met. Contact us today.  

Divorce Filings Peak After the Holidays

With the end of the turkey dinners and Christmas celebrations, many couples begin divorce proceedings. 

Couples often give their marriage one last try during the holiday season. If young children are involved, some parents decide to wait so they can enjoy one last family Christmas together. 

With the new year comes an increase in divorce filings, and we advise any spouse to obtain experienced legal representation.

If you are contemplating a divorce, contact us immediately to ensure your needs are represented. 

Proud to Assist Families for National Child-Centered Divorce Month

The month of July was focused on ensuring the needs of children are being met so they can thrive even after their parents divorce. 

National Child-Centered Divorce Month is recognized during July.

Divorce can be emotional for the husband and wife, but when children are entered into the mix it can become daunting.

We are compelled to support National Child-Centered Divorce Month and offer the entire family the help they need to successfully reach terms of a divorce that are beneficial for all parties involved. 

Rosalind Sedacca, CCT and expert on child-centered divorce, offered suggestions on how to navigate the waters with children when separating and going through a divorce:

• Put yourselves in your children’s shoes.
• Remind them they are not at fault.
• Reassure them that mom and dad will always be their parents.
• Focus on change, not blame.
• Be confident and consistent.

It is our goal to meet the needs of our clients and their entire family. If you are considering a divorce or seek legal counsel before proceeding, contact our office today. 

February is Not Always the Month of Love

Often thought of as the month of love, a study found that February is the busiest month of the year for divorce filings.

It was discovered that those seeking referrals for a divorce lawyer increases 38%, with the biggest spike being the day after Valentine's Day. February also has an increase of 18% in divorce filings as compared to every other month of the year.

Whatever your Valentine’s Day held, if you are considering a divorce from your partner, it is essential to meet with an attorney who has the experience and knowledge to advise you on all areas to ensure you receive the strongest legal representation. 

Is January the New Divorce Month?

View fullsize

Families that choose to stay together through the holidays tend to split in january.

The American Academy of Matrimonial Lawyers says divorce filings in January are usually one-third higher than any other month. 

It is no secret that families choose to stay together through the holidays to give children one last season of being united before a split. Because of this delay, January often becomes the most popular month to begin the divorce filing process.

Mark Banschick, psychiatrist and author of "The Intelligent Divorce" series of books, calls the start of a new year an "existential moment" in that people look at their lives, realize they go by too quickly and that their current version is not happy. 

Whatever the reason, it is essential for both parties to have adequate representation to ensure a smooth, successful divorce. We have decades of experience working with families seeking a divorce, and are prepared to work to make sure you receive all you are legally entitled to.

Is this the season for upcoming divorces?

Many consider the month of November to be the beginning of many joy-filled family moments spent celebrating the holidays, but recent statistics suggest this may be the beginning of divorce season.

"People fight about money over the holidays," says Carol Anderson, parenting coordinator for Hamilton County. "It starts with Thanksgiving, then you're visiting in-laws, then you have to buy Christmas gifts for the kids. Money is the number one thing people fight about."

The main component to a healthy relationship is communication, Anderson says, and that takes a hit during the winter months as well.

"All the clouds, the cold weather - it can be hellacious," she says. "People stay in more. They're not outside as much. That has a lot to do with it."

Many couples also want to savor one last holiday season together before separating and changing the family structure. Whatever the reason, if you are beginning discussions about divorce, it is never too early to contact legal support to ensure the process goes smoothly and is successful for all parties involved.

Spending patterns in a spouse may indicate they are preparing for divorce

Monitoring how your spouse spends money may be able to tell you if they are preparing to file for divorce.

TIME magazine recently identified 11 changes in a spouse’s spending behavior that may imply the spouse is seeking a divorce. Based on the article, these financial changes occurring during a marriage can indicate an impending divorce.

1. Argues about money.

2. Seems to be hiding money.

3. Has no explanation for why money is missing.

4. Has stopped direct deposits to your joint bank account.

5. Puts you on a budget and demands an accounting of all of your spending.

6. Makes large cash withdrawals.

7. Pays for his/her own credit card bills — or has his/her mail sent to the office.

8. Goes on more business trips than usual and has greater travel and entertainment expenses.

9. Blindsides you with gifts and trips.

10. Reduces contributions to savings or retirement. Excess cash is now spent or saved somewhere else.

11. Takes out loans because it is a “smart” financial decision during times of low interest rates.

These are based on changes in the way a spouse manages money, and suggests monitoring spending patterns to know in advance if a marriage is headed for divorce.

Spousal Support Win

A mother of two children who was only married for three years had success in getting some spousal support.

She was trying to get on her feet by going back to school and working part-time. She knew she did not need it forever or for any significant time, and we obtained this spousal support in addition to the child support her ex-husband would have to pay.

Does Living Together Before Marriage Increase Your Chances for Divorce?

Many people believe living together is a good test to see if a marriage will work, but a study found it may actually increase the likelihood of a divorce.

This study was conducted by the Center for Family and Demographic Research at Bowling Green State University, and found that cohabitation before marriage often causes married couples to separate.

Looking at a variety of factors such as age, race and educational backgrounds, couples who did not attend college and who lived together before marriage were the most likely to divorce within five years, whereas couples with a college degree had a 34% chance of divorcing after five years.

There has also been a significant increase in couples who are choosing to live together before getting married. In the last 25 years, the number of couples cohabitating has almost doubled.

“We thought maybe the number had plateaued,” said Wendy D. Manning, co-director of the National Center for Family and Marriage, “but it continues to rise. Now about two-thirds have ever cohabited. That’s really striking.”

Do 50% of marriages end in divorce?

There are many popular beliefs about the chances of a marriage lasting or heading toward divorce. The most widely believed statistic is that one in two marriages end in divorce.

In the state of Ohio alone, nine out of 1,000 marriages end in divorce each year

According to a web site created by the State of Ohio, nine out of 1,000 marriages end in divorce each year In the state of Ohio alone. Based on reports from the CDC, both divorce rates and marriage rates are decreasing, and information implies that a 50% divorce rate is an inaccurate statistic.

A state by state comparison identified which states are the easiest and the most difficult to obtain a divorce. Looking at a combination of factors such as how long spouses must be residents in the state, the cost of filing fees, the waiting period to file, and the separation requirement before a divorce can be filed, Ohio secured a score of 45, making it not the easiest (Alaska with 100 points), but also not the most difficult state (Arkansas with 20 points)  to get a divorce.

Shape magazine recently published an article that identified common myths surrounding marriage and divorce; for example, if you marry when you are young, does this increase your chances of getting a divorce? Does living together before marriage shorten your time as husband and wife? The findings rebuke several misconceptions surrounding marriage and divorce.

If you ever have questions about your rights and responsibilities with a divorce, support or custody issue, call us at 800-529-1966 to set up an initial free consultation.

Voluntary "unemployment" and "under-employment"

When a divorce or juvenile court is considering setting a support amount, the court must try to determine the actual income of each parent. 

In some cases, one of the parents is either unemployed or has a job where they are really making much less money than there experience or skills would otherwise dictate (otherwise referred to as "under-employment").   

In these situations, the court can take evidence as to whether that parent is "voluntarily" unemployed or under-employed.  The Court can hear evidence about that parent's past employment, why that past employment was terminated (or modified as to salary or wages), and can also have "vocational" experts testify as to the real employment possibilities of that parent.

Every so often one party in a support proceeding will actually quit their current job or deliberately pursue a lower paying opportunity - just so they can argue a lower ability to pay support.   However, with the right evidence, this tactic can be rebutted.

Most divorce and juvenile courts are very experienced with this issue, so a party to one of these support actions should be aware that unemployment and under-employment tactics are sometimes very easy to spot.

How Does an Ohio Court Calculate "Spousal Support?"

Unlike computing child support, which involves using specific income guidelines, computing "spousal support" is often much more complicated.   Ohio does not use spousal support guidelines.  Instead, Ohio has a spousal support statute which lays out 14 specific factors that a divorce court must consider when awarding the monthly amount and duration of spousal support.  These factors include:

1. The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 of the Revised Code;
2. The relative earning abilities of the parties;
3. The ages and the physical, mental, and emotional conditions of the parties;
4. The retirement benefits of the parties;
5. The duration of the marriage;
6. The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;
7. The standard of living of the parties established during the marriage;
8. The relative extent of education of the parties;
9. The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;
10. The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party's contribution to the acquisition of a professional degree of the other party;
11. The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;
12. The tax consequences, for each party, of an award of spousal support;
13. The lost income production capacity of either party that resulted from that party's marital responsibilities;
14. Any other factor that the court expressly finds to be relevant and equitable.

Don't you just love that 14th factor.  If you think that all of the other 13 factors, along with the 14th, allow a divorce judge to come up with any reasonable or objectively based number, you're right.   You can present the same facts to 10 different divorce judges and get 10 different awards of spousal support.  Some judges are alleged to be "income equalizers" in that they will combine the net available income (i.e. after payment of monthly debt obligations) of both spouses, and then just divide by 2, and then just order one spouse to pay the monthly difference to the other spouse.  When it comes to the duration of spousal support, some judges have a general rule that takes the duration of the marriage, and then divides that duration by a number (for instance 3 of 4) - resulting in the duration of the spousal support obligation.  If the marriage is long enough, a judge may order a monthly amount of spousal support, and then "reserve jurisdiction" in the divorce decree to modify that amount later when the financial circumstances of the parties change.

Have a headache yet?  Try doing this for a living.  Call us with any other questions.  440-356-2700.  We have previous blogs on spousal support, like  this one.

Victory for good guy Dad

child and father

Last Friday we received  an opinion from the Cuyahoga County Court of Appeals which agreed with our argument that the father of a small girl should be named that girl's residential parent.   That father had to hire us when he came to the conclusion that the child's mother was much more interested in a party/social life than she was in becoming a stable parent.   While the child was in her custody, the mother had picked up her second DUI, picked up another alcohol-related charge, and had ongoing serious social drinking issues - and demonstrated a number of other immature parenting issues.  She also moved 6 times in a 2-year period.   The father (our client) had a long-standing stable job and owned his own home for many years - and no criminal history.   He had the child on his health insurance and always paid his child support.    The trial court magistrate  (who heard the case at trial) determined that the father (our client) essentially provided much more stability than the mother, and designated the father as the residential parent.  However, for reasons that were never completely clear, the trial judge(who did not hear the case at trial) overruled the magistrate - and left the mother as the residential parent. The Court of Appeals reversed the trial court judge and reinstated the magistrate's decision.    The child is now going to reside with Dad.  What a solid victory for good dads all over the area and a great victory for the child.

This one felt good.

Divorce: Non-Marital Property Can Change ("Transmute") into Marital Property

These days there are many marriages where each spouse came into the marriage with their own individually-owned "non-marital" property (for example, a house) - and even some property acquired during the marriage can be considered "non-marital property."   Under Ohio divorce law, this non-marital property is called "separate property."  For the most part, "separate property" is not subject to division by the divorce court - so many parties assert that an item of property is or is not separate property.  A divorce statute specifically lists what is "separate property" - and that list is generally: (1) inherited property, (2) property owned by a spouse before a marriage, (3) personal injury monies recovered by a spouse (other than for loss of earnings), and (4) a "gift" given solely to one spouse. Even if a certain piece of property was, without much dispute, "separate property" at one time, that item of property can lose its classification as "separate property" if that item of property is "transmutted" (i.e. transformed) into "marital property" because (1)  the parties "commingled" the "separate property" with "marital property" and (2) it is difficult or impossible to "trace" the separate property out of the marital property.

So, as much as marital bliss can clog the mind, parties should be careful about commingling separate property with marital property unless they specifically choose to do so - knowing the consequences.

What is "imputed" income in a divorce case?

roll of money

We have had some recent litigation in a divorce case where we had to ask the divorce judge to "impute" income to the other spouse.  This spouse refused to seek a job even though she was clearly able to do so.  We found it ironic that the lawyers for this woman hired their own expert who ended up agreeing with our expert as to the employability of the woman - as well as the income she could make. Often divorce courts have to "impute" income to those spouses who are either deliberately  "unemployed" or "unemployed."  Often in divorce cases, one spouse refuses to make any income  - or deliberately compromises his or her potential income  - in an effort to prevent the other spouse from sharing in that income.   This comes up very often in disputes involving child support  (the support to be paid for the benefit of the children) and spousal support (the support to be paid to the spouse).  Sometimes this is easy to prove - for instance when a spouse just up and quits his or her job.  Sometimes it is  not - for instance when a spouse is self employed and is able to hide the income or the income producing capabilities.   But it never ceases to come into play in the cases we see.

Let us know if we can help you here.

The "verbal" domestic violence case

Many times those arrested and/or accused of domestic violence claim they are not guilty simply because they only made what they believed were veiled threats of harm.  For example, the husband who says "I'm going to kill" you in a fit of rage, or the live-in girlfriend states "I will cut your throat" during an argument, can be found to have violated  one subsection of the Ohio domestic violence statute  (other subsections talk about actual physical injury to the victim) which states: "No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member."  Sometimes, as in a recent Cuyahoga County Court of Appeals case, even text messages and standing outside of an apartment can be sufficient evidence of a domestic violence violation. Advice:  Count to 10 before saying anything out of anger to your significant other.  Even if you don't really intend on doing anything physical, the cops can still be called.