Wolinetz | Horvath | BrownWolinetz | Horvath | Brown2024-03-18T20:09:42Zhttps://www.wolinetzlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201895/2022/02/cropped-site_identity-32x32.jpgOn Behalf of Wolinetz | Horvath | Brownhttps://www.wolinetzlaw.com/?p=525172024-03-13T17:28:57Z2024-03-13T17:28:57ZFinancial considerations
One of the primary reasons divorced couples choose to live together post-divorce is financial necessity. The economic burden of maintaining two separate households can be daunting, especially in the immediate aftermath of a divorce. Shared expenses, from mortgage or rent payments to utility bills, can be more manageable when divided, making this arrangement appealing despite its potential for discomfort. All agreements about the finances of the shared home should be clear and spelled out in writing.
Emotional challenges
Living with an ex-partner involves emotional complexities. For some, this arrangement allows for a gradual transition out of the marriage, which may be beneficial when children are involved. Living together after the end of a marriage can provide stability and a semblance of normalcy for the family unit, which minimizes the immediate impact of the divorce on children's lives. Setting clear boundaries and maintaining open communication are crucial in managing the emotional intricacies of this living situation.
Changing boundaries
This unique situation requires a new set of rules and boundaries to govern the relationship. These boundaries can range from physical spaces within the home that are designated as private to agreements on how to handle social situations and new relationships. It’s a good idea to have these in writing so both parties can refer to the written rules if there are any questions about what should happen.
Business-like communication
Effective communication is key to ensuring that both parties are comfortable with the arrangement and that any issues are addressed promptly to prevent resentment from building.
Being able to have every aspect of the shared space outlined in a written agreement can make things easier for both sides. Seeking legal guidance is a good way to get started.]]>On Behalf of Wolinetz | Horvath | Brownhttps://www.wolinetzlaw.com/?p=525162024-03-13T16:43:07Z2024-03-13T16:43:07ZBy consistently using a parenting app
Communication issues are a leading cause of conflict between co-parents. What starts as a simple request for an adjustment to the parenting schedule could devolve into a bitter dispute. Especially in the early days after the end of the relationship between the parents, emotions can run high whenever they communicate directly with one another.
Therefore, many parents choose to utilize parenting apps as a means of reducing conflict. The fact that there is a written record maintained by an app of all communications can help people keep their emotions in check. Having all the details about co-parenting matters in one location can also make it easier for people to verify details about the parenting schedule and other key co-parenting matters.
By attending co-parenting therapy
Parents who have divorced or broken up with each other may no longer have a healthy dynamic. They may fight whenever they try to talk or struggle to find a way to resolve even minor disputes. Co-parenting therapy is different from marital therapy because it does not focus on fixing the marriage between the parents. Instead, the goal is often to find ways for parents to more effectively communicate and resolve their disagreements with one another. Co-parenting therapy can help those adjusting to a new relationship dynamic to do so more gracefully and calmly.
By pursuing personal counseling
When there has been an abusive dynamic or when one parent refuses to acknowledge their contributions to an unhealthy dynamic, co-parenting therapy may not work for the family. A parent who recognizes that their relationship with their co-parents is unhealthy can potentially seek out one-on-one counseling to help them better handle the stress of regularly interacting with the other parent.
A counselor can give someone tools to help them remain as calm as possible in difficult circumstances and can also help someone better identify when their frustration or anger about a situation is reasonable versus when it is inappropriate. Those who are able to process the stress of co-parenting with a neutral professional in a confidential setting may find it easier to overcome the challenges of trying to raise children with someone who is uncooperative.
Parents who want what is best for their children often need to do their best to minimize conflict when sharing custody. Tapping into outside resources can help parents put their children first even when their own emotions feel overwhelming.]]>On Behalf of Wolinetz | Horvath | Brownhttps://www.wolinetzlaw.com/?p=525132024-02-05T20:30:12Z2024-02-05T20:30:12ZOhio postnuptial agreements are quite similar in form and function to prenuptial agreements. They are a contract between spouses talking about marital expectations and what could happen if the spouses divorce. While bringing up such a contract can be nerve-wracking, it could potentially work out in the favor of both spouses. The very act of negotiating a postnuptial agreement with a spouse could prove beneficial for those considering a divorce filing.
Negotiations can be a wake-up call
A surprising number of people who draft postnuptial agreements with their spouses manage to avoid divorce. The process of drafting the agreement could actually strengthen their marriage and their commitment to one another. Some couples that negotiate postnuptial Agreements are able to work through their marital issues and preserve their relationships.
The spouses have to talk about the issues affecting their marriage and their expectations for one another. Those conversations could lead to better satisfaction with the marital relationship. The need to discuss what should happen in the event of a divorce can also take some of the mystery out of divorce proceedings and help people realize that the grass may not be greener on the other side.
Personal agreements take some risks out of divorce
While the best-case scenario after negotiating a postnuptial agreement might be an improved marriage, divorce could still occur. Thankfully, spouses can at least anticipate a faster, less acrimonious divorce process. The terms that the spouses already set in their postnuptial agreement largely determine what happens during their divorce proceedings. There is no need to fight over property division and other concerns, so the divorce can be more peaceful and less expensive than it would be if they litigated.
Suggesting a postnuptial agreement could be a smart move for someone hoping to avoid a messy divorce or save their marriage. It is an approach that can be beneficial under a host of different circumstances.]]>On Behalf of Wolinetz | Horvath | Brownhttps://www.wolinetzlaw.com/?p=525122024-01-12T01:35:44Z2024-01-12T01:35:44ZWhen you file for divorce in Ohio, one of the first questions you might ask your favorite search engine is, "When will my court date be?" Yet, for better and for worse, no search engine can provide you with an exact date to pencil in on your calendar. It can only provide you with a range of time during which your initial court date will be held.
The timing of a court date after filing for divorce can vary significantly depending on several factors, including the court’s schedule. But, as a result of a strict timeline codified by the state’s legal code, you can count on being required to appear “not less than thirty nor more than ninety days after the filing of a petition for dissolution of marriage,” unless one of two exceptions to this general rule applies to your circumstances.
Divorce v. Dissolution
The “between 30-90 days” rule applies if you and your spouse plan to “acknowledge under oath (you both) voluntarily entered into the separation agreement appended to the petition, that that (you both are) satisfied with its terms, and… (are seeking) dissolution of the marriage” per state law. Essentially, this means that the timeframe in question will apply if you and your spouse are both seeking a dissolution of your union subject to terms that are agreeable to you both. Alternatively, if you and your spouse engage in a collaborative process that satisfies some specific legal criteria, you may be in a position to make your first appearance at any point in the 90 days following the filing of your petition for dissolution. However, if you and your spouse cannot mutually agree on the terms of your dissolution, your contested situation will be considered a divorce action. Under these circumstances, you’ll face a different timeline for your first court appearance.Namely, if you start out opting for a contentious divorce but are then able to settle your differences out of court, you’ll need to convert your divorce action into a dissolution case. If this happens, you’ll need to make the acknowledgments (noted above) before the court either at the time of your conversion action or no more than 90 days after that conversion takes place. Finally, if your case requires judicial intervention and is a “straight” divorce action, you’ll likely appear before the court roughly four-to-six weeks after filing your petition. Seeking personalized legal guidance can help you to better understand what to expect from court appearance requirements if you’re opting to end your marriage in Ohio. ]]>On Behalf of Wolinetz | Horvath | Brownhttps://www.wolinetzlaw.com/?p=525092024-01-01T14:37:35Z2024-01-01T14:37:35ZAppreciation for the holidays
One very common reason that people start talking about divorce in January is that they did not want to do so at the end of the prior year. Between the back-to-school season and the winter holidays, many people with children, in particular, feel like announcing their divorce after summer ends is simply not a good move. Those trying to shield their children from as much conflict as possible may also wait until they go back to school after winter break so that the family isn't trapped at home together when news of the divorce breaks.
A desire for a clean break
Divorce can take months to resolve. Dissolutions where spouses agree to specific terms are quicker, but litigated divorces could potentially take the better part of a year or longer in some cases. Between the actual family court proceedings and the possibility of needing to file a joint income tax return, many people view the new year as a good time to begin a divorce in the hopes that the next year may have fewer complications.
If taking stock of life at the end of the year has led to the realization that a marriage is not working anymore, Ohio spouses may need to consider discussing their concerns with a lawyer and learning more about what divorce proceedings entail.]]>On Behalf of Wolinetz | Horvath | Brownhttps://www.wolinetzlaw.com/?p=525082023-11-10T13:03:44Z2023-11-10T13:03:44ZDivorce is less common in Ohio now than in the past
Despite how people talk about damage to the institution of marriage in recent years, divorce statistics from across Ohio actually paint a very different picture of the situation. When looking at the number of couples that decide to call it quits, the likelihood of divorce is actually much lower now than it was 30 years ago.
According to Ohio divorce records from 1990, there were 4.7 divorces per 1,000 residents that year. However, in 2021, that number dropped to just 2.6 divorces per 1,000 people. That is a substantial decrease that aligns with divorce statistics reported in many other states. The per capita number of divorces in Ohio dropped by 44.7% in three decades.
Ohio ranks 22nd among all states for the number of divorces that occur. Overall, couples may be more likely to stay married in Ohio than in many other parts of the country and are less likely to divorce now than they were in 1990.
Of course, no one chooses to divorce or stay married simply based on trends. They make choices that prioritize their physical, mental and financial well-being. Understanding divorce trends can help people better analyze their own circumstances and find the strength that they need to make informed decisions about their martial situations.]]>On Behalf of Wolinetz | Horvath | Brownhttps://www.wolinetzlaw.com/?p=525072023-10-12T13:51:40Z2023-10-12T13:51:40ZThe courts have established a rule in Ohio
Ohio is an equitable distribution state, not a community property state. The solution for property division matters should therefore focus on fairness rather than a 50/50 split of assets. Either the divorcing spouses or the courts will need to make arrangements to divide responsibility for shared debts and ownership of shared assets.
Almost all of the property and income that spouses accumulated during the marriage will be subject to division, and spouses will need to report all of those resources to the courts and one another to ensure an appropriate property division outcome. However, the 529 accounts funded by the parents for the children in the family will not be part of the marital estate that people have to split when they divorce.
There is already legal precedent in Ohio establishing 529 accounts as the property of the children and not marital resources that judges or divorcing parents have to divide. Instead, the adults in the family will need to continue to hold those resources in trust for the children until they are old enough to enroll in college and begin making withdrawals from the account to pay for their educational costs.
Knowing how the courts will handle specific high-value resources can lead to less conflict during property division negotiations conducted as part of an Ohio divorce.]]>On Behalf of Wolinetz | Horvath | Brownhttps://www.wolinetzlaw.com/?p=525042023-09-13T07:57:43Z2023-09-13T07:57:43ZReceivers can complicate divorces
A receiver is a court-appointed professional whose sole responsibility is to manage and potentially sell certain assets. A judge out of Cayuga County has recently started drawing attention from legal professionals and news outlets because of the repeated decision to assign receivers in divorce proceedings.
Receivers can be very expensive, as they require payments for their services. Their role is to preserve and potentially liquidate certain marital assets to facilitate an appropriate outcome to the property division process. They help prevent dissipation and other forms of financial misconduct. In all but the rarest of cases, spouses can usually maintain their assets without professional help and can also arrange for the sale of their property when necessary.
Amicable divorces don't require as much intervention
Uncontested divorce proceedings or dissolutions are an option for couples who can work out agreeable terms for property division and other major choices for upcoming divorce proceedings. Provided that spouses have already reached a resolution for their biggest assets, having a receiver would not be necessary.
Even when spouses disagree very strongly about how they should share their assets, the possibility of losing more of their marital estate during the conflict could be a powerful inspiration to help them work together and settle their disagreements. Ultimately, therefore, it’s usually a good idea to have a family law attorney clarify one’s options and potential approaches before committing to a particular legal strategy, as some approaches can cost everyone involved more than others can.]]>On Behalf of Wolinetz | Horvath | Brownhttps://www.wolinetzlaw.com/?p=525002023-08-17T02:13:06Z2023-08-17T02:13:06Zconnect with someone capable of supporting their needs during their medical challenges.
What should someone filing for divorce due to medical issues consider about the process?
The needs of their spouse
Health issues are one of multiple factors that could potentially influence property division and also spousal support requirements during divorce proceedings. When a judge needs to decide what is fair and appropriate, the inability of one spouse to work because of a debilitating health condition and their need for insurance coverage may influence their decisions. The longer the marriage has lasted and the more serious the condition is, the more likely those issues are to impact the outcome of major financial determinations in the divorce.
The needs of all family members for support
Everyone in the family will likely have an emotional reaction to a divorce decision inspired by medical issues, and they may also struggle with the challenges generated by someone's health condition. Attending counseling sessions will be important not just for the person struggling with their health but also for their spouse and possibly for any children that the two of them share.
Everyone in the family may have grief and anger that they need to address if they want to live a healthier and happier life in the future. Sometimes, agreeing to joint or family sessions could make a big difference, as could offering to help cover the costs of counseling for a spouse who cannot work or children struggling with the changes to the family.
Frequently, those divorcing in unusual and particularly emotional situations, such as a scenario involving a spouse with a chronic illness, may benefit from negotiating terms for an uncontested divorce, as they can have more control over the outcome of the divorce proceedings. Recognizing the unique challenges that will likely arise during a divorce inspired by health issues may benefit someone preparing for the end of their marriage.]]>On Behalf of Wolinetz | Horvath | Brownhttps://www.wolinetzlaw.com/?p=524882023-07-14T11:08:05Z2023-07-14T11:08:05ZA distributive award applies to separate property
In most Ohio divorce cases, it is only the shared marital property that couples have to think about dividing. Assets that either spouse owned before marriage will likely not be subject to division. The couple can also usually exclude inherited property and gifts from the pool of marital property. As a result, people often expect to retain all of their separate property in a divorce.
Still, there are scenarios in which assets that are technically separate property could also end up split between the spouses. When a judge issues a distributive award during the property division process in an Ohio divorce, a spouse who technically has no immediately visible interest in certain assets will receive a portion of them either to make the property division outcome more appropriate or potentially to replace spousal support or alimony.
In some cases, it is the unequal financial circumstances of the spouses that may lead to a distributive award. Other times, it may serve a punitive purpose if there was significant financial misconduct by one spouse that reduced the total value of the marital estate.
Those seeking or hoping to prevent a distributive award during divorce proceedings will usually need financial evidence to support their concerns. Understanding the elements that influence property division in an Ohio divorce may help people push for the best possible outcome. Seeking legal guidance is a good place to start.]]>