Roughly 900,000 married couples get divorced in the United States every single year.
For many people who endure this process, divorce is the single most challenging and stressful legal event of their entire lives. If you are facing a divorce, then you must take the necessary steps to prevent getting a bad result and feeling shafted after it is over.
Here are some excellent tips to prevent feeling shafted after your divorce case is over.
Shared Parenting in Ohio
Child custody and visitation are two of the most difficult issues in a divorce proceeding. While the parents appear to be the focus of a custody battle because they are the parties that are being heard, the real focus in any custody battle is the child.
As with most states, Ohio courts focus on what is in the best interest of the child when deciding custody disputes. A child who is caught in the middle of a nasty custody battle is heartbreaking for all parties but especially for the child.
Therefore, Ohio laws are written to protect the child's best interest first and foremost. In most situations, it is in the best interest of the child to have both parents play an active role in the child's upbringing. When both parties enjoy the rewards and responsibilities of being a parent, it benefits the child.
To that end, Ohio custody laws encourage parents to work together to formulate a custody arrangement that benefits everyone in the family.
Ending a marriage is a painful process. Emotions run high as both spouses try to deal with the realities of divorce.
There are many issues to deal with such as dividing marital assets and debts, issues related to custody and child support, and issues related to spousal support. Too often, parties underestimate the financial aspects of divorce.
They are focused solely on their emotions before and during the divorce. It is only after the divorce is final that parties realize they are experiencing financial difficulties due to the divorce.
One of the top reasons for filing bankruptcy is divorce. After a divorce, many people find that there is just no money left over each month after paying living expenses to pay their bills.
They have no choice but to consider bankruptcy as an option to resolve their financial problems. How can a divorce create so many financial problems?
What happens if a divorce complaint goes unanswered? Usually if one spouse files for divorce, the other spouse jumps in to make sure his or her competing interests are represented.
Not always. Sometimes the allotted time to respond passes and prompting the court to grant an uncontested divorce.
No contest! The person who filed is granted the divorce. Possibly "as is," or with some modifications at the judge's discretion.
But not answering a complaint is no way to prevent a divorce from happening. No reply just means the other party wins by default.
Uncontested Divorce in Ohio
In Ohio, the other party has 42 days to respond to a divorce complaint. It that period passes with no response from the opposing party, the judge will grant an uncontested divorce.
Often the judge will award the divorce “as is,” according to the original complaint. But sometimes the judge will make some changes at his or her discretion and then grant the divorce.
The party who does not respond is at a disadvantage. Everyone should have his or her interest presented in an important matter such as ending one’s marriage.
You have financial and legal responsibilities to your child. It doesn't matter if you and the other parent are married.
This will remain true until the child is an adult, which is when he or she reaches age 18 in the United States.
Even if a parent does not want any parental rights he or she will still have responsibilities. A parent must make sure the child’s basic needs are being met.
Child support ensures the child has food, water, clothing, shelter, and so forth. If a married couple gets divorced, the goal is for the child's standard of living to stay the same. Or at least as close as possible to the same.
In Ohio, how child support is being calculated is changing based on new data. The Ohio Department of Job and Family Services is making updates to its child support laws for the first time since 1992.
These updates will go into effect in March of 2019. Learn more about these laws and how you’ll be affected.
Local Rule 23 (Judge Fuller is a stickler about this…)
If you're going through a divorce, then you need to know the best practices for getting a continuance in your local area. Here are some excellent tips for having your motion to continue approved by the Judge or Magistrate in Delaware, Ohio.
Follow the rules
There is a set of rules that you must follow if you want your motion for continuance approved.
These rules are outlined in Rule 23 of the Delaware County Court of Common Pleas Domestic Relations Division Rules of Practice and Procedure. Franklin County and other surrounding counties in Ohio will have their versions of Rule 23
So your ex agreed to a settlement in an Ohio court, but now is backing out? This can be a major problem and it can be extremely stressful to deal with. Don’t worry, we’ve got the answers.
Here is what to do if your spouse backs out of an in-court settlement in Franklin County, Ohio.
Complain and put it in writing to your spouse
Putting it in writing helps to establish evidence that might be needed later on.
If you are fed up with your attorney, and if you want to stop working with him or her, then you are allowed to. In Ohio, all you need to do to fire your attorney is to tell the attorney that you are firing him or her.
The best way to do this is in writing, either in email or in a letter. The lawyer will have to receive permission from the court to withdraw from the case.
Most of the time, the Franklin County or Delaware County court will approve withdrawals unless there is a circumstance that makes the withdrawal highly undesirable for the court. For example, the court may not approve a withdrawal if the trial is the next day.
Even if you're happy with your divorce attorney, the feeling may not be mutual
If you do certain things that your attorney does not like, then he or she might fire you. If your attorney fires you, you could suddenly be left in a bad situation with an approaching hearing or trial and no representation.
Here is how to prevent getting canned by your lawyer...
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