Blog posts

In Ohio, one way spouses can end their marriage is through a dissolution. A dissolution is a non-adversarial process where both parties reach an agreement on all issues related to ending the marriage before anything is filed with the court. These issues typically include dividing property and debts, allocating parental rights and responsibilities when children are involved, determining child support, and in some situations, the payment of spousal support. Once agreements are reached, spouses will jointly file a Petition for Dissolution, along with a Separation Agreement and, and, if applicable, a Shared Parenting Plan, which outlines the agreed-upon arrangements for the physical care of the children, and outlining their financial commitments. The court’s involvement is minimal and usually limited to one final hearing where a magistrate confirms the parties entered into the agreement voluntarily and with a full understanding. The hearing can normally be held by Zoom and may take less than ten minutes. The court then issues a Decree of Dissolution, officially ending the marriage. What Are the Benefits of a Dissolution? One of the main advantages of a dissolution is that you and your spouse remain in control. Rather than leaving critical decisions to a judge with limited insight into your family’s dynamics, you and your spouse collaborate to develop personalized solutions that reflect your unique needs and circumstances. The dissolution process also tends to be more cooperative and less confrontational than traditional divorce. Because it emphasizes agreement and compromise, it often reduces emotional strain and promotes a more respectful resolution, which is especially important when children are involved. Without the stress of court appearances and ongoing litigation, couples are more likely to preserve a functional relationship post-separation. Dissolutions are also typically resolved more quickly and cost-effectively. With fewer documents to exchange, reduced court involvement, and a streamlined process, legal fees are often lower. Parties also set their own timeline, moving at a pace that works for them, rather than being subject to the court’s calendar or delays. How Do Spouses Reach Agreements? Before filing for a dissolution, spouses must resolve all key issues relating to property division, debts, parental responsibilities, child support, and spousal support if applicable. These agreements are formalized in a Separation Agreement and, if applicable, a Shared Parenting Plan. While these agreements are not enforceable court orders until a Decree of Dissolution is issued, they function as binding contracts between the parties in the interim. Some couples can sit down together, exchange ideas, and agree on terms without professional assistance. This approach can save time and cost, especially if the relationship is amicable and the issues are straightforward. In these cases, couples can obtain court forms online and fill them in. The risk is that these agreements can become problematic if issues arise in the future that are not addressed or are improperly addressed in their agreement. As lawyers, we would discourage people with children, real estate, retirement plans or spousal support from proceeding with a dissolution without consulting an attorney at least for basic advice. Mistakes can be made that are costly or irreversible.  More commonly, however, one or both spouses prefer the support of an attorney. Legal counsel can provide advice, review proposed terms, draft or revise documents, and represent their client’s interest in negotiations. A lawyer cannot represent both parties in a dissolution. This would be a violation of our professional disciplinary rules. It is most common that both parties are represented by different attorneys, but sometimes one party chooses to be unrepresented. One resource that parties can utilize to help them come to agreements is mediation. Mediation involves a neutral third party, often a trained attorney or mental health professional, who facilitates discussion and helps the spouses reach consensus. Mediation is facilitative, and fosters cooperation and communication, and is especially useful when parties disagree on key matters, such as parenting time or support. It can also reduce conflict and legal expenses by resolving disputes outside of court. Another resource available to parties is collaborative law, where counsel represents both parties, but they enter into a signed agreement that they have hired their lawyers to stay out of court , whereby if one party feels that court involvement is needed, neither lawyer can represent their client in litigation. When Might a Dissolution Be Inappropriate? A dissolution requires transparency and voluntary disclosure from both parties. If one spouse refuses to be transparent about finances or is hiding assets, a dissolution may not be possible. In those cases, a divorce may be necessary so the court can compel full disclosure through legal discovery. Urgent safety concerns can also make dissolution inappropriate. For example, if there are concerns about domestic violence, child safety, or one parent withholding the children, court intervention may be necessary to issue protective or temporary custody orders. Such interventions are only available in divorce proceedings. Dissolution may be impractical if one spouse is uncooperative or causing repeated delays. Because there are no court-imposed deadlines in a dissolution, one party can stall progress indefinitely. In such cases, a divorce may be required to move the process forward under the court’s supervision. The initiation of a divorce may be necessary if there is a need for immediate financial support or to prevent the dissipation of assets. It is important to know that spouses can begin with efforts to have a dissolution and later file for divorce if negotiations break down. Much of the work completed for the dissolution- such as financial disclosures and early agreements- can still be used to streamline a divorce proceeding. What Documents are Required for a Dissolution Documents differ from county to county but every county requires various forms, including sworn financial affidavits and various waivers. There is normally a checklist for every form required under various types of legal situations that are published in each county. Why Contact an Attorney Even if you and your spouse are in agreement, it is important to consult with an attorney. Legal guidance goes beyond simply drafting documents; an attorney will ensure that your rights are protected and that all necessary topics are addressed. Many people are not fully aware of the range of issues that must be resolved in a dissolution, and an attorney can help avoid costly mistakes or oversights. An attorney will help you navigate the legal landscape, clarify your options, and advise whether dissolution is appropriate or if a divorce may be necessary based on your circumstances. If you are uncertain, an attorney can provide insight into how the court may view your situation and what to expect under Ohio law. No matter what your family’s situation looks like, understanding your legal options is the first step. If you are considering a dissolution or want to explore your options, you may contact our office to schedule a consultation.

In many relationships, one person is historically the "spender" and the other is the "saver." In a divorce, the saver may be surprised to learn that the spouse had not established any savings, or worse yet, has acquired substantial debt during the marriage. As to the first scenario, if one party routinely invested in their retirement plan, and the other saved nothing, the good saver’s retirement assets earned during the marriage will be equally divided and there will be no consequence to the fact that the other party did not save. For the most part, courts divide the savings acquired during the marriage, and don’t penalize the person who didn’t save. A court is not responsible for deciding what could or should have happened during the marriage. A saver is not rewarded and a spender is not punished. Generally, debt incurred during the marriage is deemed marital debt regardless of whose name the debt is in and regardless of whether the debt was approved by or known by the other spouse. A very common example is when a spouse learns at the time of divorce that there is considerable credit card debt owed that he or she had no knowledge of. Using the same rationale as the example of one person who didn’t save for retirement, the law sees the debt as a shared responsibility. Had that person spent actual marital funds instead of incurring debt, there would be less assets to divide. Courts do not go back and decide if a person should have made certain purchases on their credit card, or lived beyond their means. Just as assets are shared, so are debts. However, if these financial choices are determined to be financial misconduct, the Court may compensate the offended spouse with a distributive award or a greater award of marital property in the final property division. The Court defines financial misconduct as "the dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of assets." Proving financial misconduct on your spouse's part is a high bar to reach. The Courts have previously ruled that "an implicit element of financial misconduct is wrongdoing." In other words, it's not enough for your spouse to have made financially irresponsible decisions or for you to not have been made aware of all those decisions during the marriage. Instead, the Court looks at whether the offending spouse meant to profit from the misconduct or meant to intentionally lessen what you would be distributed in marital assets. Another factor a court may consider in determining financial misconduct is the timeline of when the alleged misconduct occurred. The Court will look more suspiciously at financial actions if these actions coincide with a divorce filing or separation. In a similar vein, whether the spending in question was normal during the marriage is a factor the Court considers – if a spouse historically spent outside of the couples’ means during the marriage, then those spending habits are more likely to be deemed financially irresponsible, but not financial misconduct warranting a remedy from the Court. Determining whether your spouse's financial decisions reach the bar of becoming financial misconduct is a complex issue with many factors to consider. Speaking with an attorney about these issues can provide you with a helpful analysis.

Following the 2015 Supreme Court decision of Obergefell v. Hodges, LGBTQ couples gained access to the marital rights afforded to heterosexual couples. Unfortunately, the parentage statutes in Ohio have not been updated to reflect the legalization of same- sex marriage. Therefore, there are still additional steps that may be necessary for LGBTQ families to solidify their parenting rights. The parent who carries the child is automatically granted the legal rights as a natural or biological parent. If the biological mother is unmarried, the child’s biological father can be named on the birth certificate or his genetic paternity can be proven through a later legal process. However, if the second parent is not the biological parent, then he/she does not have access to the same statutory procedure to establish genetic paternity. In cases of lesbian couples, the biological mother is the legal parent, and the couple must take steps for the other parent to obtain legal rights. If the biological mother is married, her spouse can be designated as the second parent on the birth certificate. When two men start a family, they must utilize adoption or surrogacy. If the men are married at the time of these processes, they may both be granted legal parent status in the adoption decree or parentage order. LGBTQ families will often utilize a second parent adoption to formalize the legal rights of both parents. This can be if the parents were unmarried at the time of the birth or adoption of the child, but are now married and wish to give both parents equal legal parental status. Some married couples will use a second parent adoption to ratify the administrative designation of the non-biological parent on the birth certificate as an added layer of protection of their parental rights. If the couple was not married at the time of the child’s birth or adoption, only the biological or adoptive parent is the legal parent. Upon marriage, the spouse of the legal parent becomes a stepparent. A stepparent’s legal standing is not equal to the legal parent’s standing, regardless of the parties’ intentions or the family history prior to the marriage. A stepparent cannot make legal decisions for the child, does not have the same inheritance rights as a parent, and is not granted custodial rights of a parent in the event of the termination of the marriage. Through a second parent adoption, the non-biological parent is granted the same rights and responsibilities as the biological or adoptive parent. The adoption process is only available to married couples. An unmarried couple cannot adopt a child together, nor can an unmarried partner adopt the other partner’s child without terminating the original parent’s rights. The second parent adoption is completed in the Probate Court utilizing the same process as a stepparent adoption. A stepparent adoption differs from a traditional adoption because the adoptive parent, known as the “petitioner,” does not replace the current parent. Rather, the adoptive parent is granted equal legal status as the current parent. Most LGBTQ families pursuing adoption in this context do not consider the adoptive parent to be a “stepparent.” The adoptive parent has likely always had the role of parent and not just the spouse of the legal parent. Our firm and the LGBTQ community use the term “second parent” to identify that parent’s role. However, the court forms do not recognize the more inclusive terminology. The process for a second parent or stepparent adoption has the same formalities as a traditional adoption. The adoptive parent must file a Petition with the Probate Court, provide consent of the legal parent, and complete a home study. The home study is conducted by an agency who will report to the Court about the safety and appropriateness of the adoption. After filing of the necessary paperwork and successful completion of the home study, the parents and children attend a final adoption hearing at the Probate Court. Upon granting of the adoption, the adoptive parent officially becomes a legal parent with the same rights, responsibilities, and duties as the natural parent. When you are considering your family’s options to protect each parent’s legal rights, it is important to review the options with a family law attorney who has experience in this issue and can guide you in making the right choice for your family. Our team of attorneys has experience with assisting LGBTQ families with a compassionate and knowledgeable approach to protecting their rights.

If you are going through a divorce or a custody dispute, the Court may appoint a Guardian Ad Litem ("GAL") to conduct an investigation and make a recommendation as to the child's best interest. In the Domestic Relations Court and private custody cases in Juvenile Court, the GAL is a private attorney paid for his or her services. Juvenile Court matters that involve Child Protective Services are treated differently and may involve a non-attorney GAL. For attorney GALs, the Court will issue an order determining how, when, and what amount the GAL is paid.

Co-parenting apps are designed to encourage productive communication and reduce opportunities for conflict between parents living in different households. Two of the most common co-parenting apps are Our Family Wizard (“OFW”) and AppClose.

Attorneys are placed in a difficult position in answering a client’s question about negotiating on their own with their spouse. On the one hand, we want our clients to make their own choices and, contrary to popular perception, don’t want clients to incur legal fees unnecessarily.

Hamilton, Butler, Warren, and Clermont Counties in Ohio have all adopted a Standard Parenting Order or Standard Parenting Time Guidelines in both their Juvenile and Domestic Relations Courts. The post Cincinnati Family Law & Divorce Blog: Standard Parenting Time appeared first on Beth Silverman & Associates.

In Ohio, child support is guided by a basic child support schedule that assists in determining what child support obligation is appropriate. The post Cincinnati Family Law & Divorce Blog: Ohio’s Updated Child Support Schedule appeared first on Beth Silverman & Associates.