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Cincinnati Divorce Law Blog

Ohio couples can assuage their fears with a premarital agreement

With an alarmingly high divorce rate in our country, many couples are looking for ways to ensure their marriage will last. One way that many couples do this is by entering into a premarital agreement. These agreements are no longer just about how things will be handled if the couple gets divorced, but can now also address certain topics that could otherwise be barriers to a happy relationship.

Younger couples in Ohio may have watched their parents and their friends' parents constantly argue and clash over certain lifestyle preferences. For example, one partner may enjoy one kind of music, while the other partner can't stand to listen to it. Eventually, the music became the expression of everything that had gone wrong in the marriage. Now, a couple may stipulate in their prenuptial agreement that each partner may engage in their favorite hobby only at certain times for a predetermined length of time.

Ohio child custody: Judge's personal opinions not condoned

Many parents in Ohio may not have heard that an appeals court has admonished a judge for pronouncing her personal opinions in court. The judge was presiding over a child custody case at the time. She ended up awarding custody of the couple's three children to the mother, and the father appealed.

Of course, judges have their own opinions on nearly every subject they may encounter while on the bench. However, judges are encouraged to set aside their own personal biases when deciding a case. Even if that bias is in line with current public opinion, it still does not have a place in the courtroom.

Collaborative divorce can help Ohio couples plan for single life

Many Ohio couples that are getting divorced are naturally focused on getting through the process. The business of ending a marriage is not fun and can take all of a couple's energy. Many couples may not take the time to think about how they are going to live after the divorce is final. Collaborative divorce can offer a couple the tools necessary to successfully transition into a single household.

By involving not only an attorney, but also a financial advisor in a divorce, a couple has the opportunity to go through their collective finances to see how best to divide them. However, it can also be taken one step further by helping each party come up with a budget for their post-divorce life. Not only will each party benefit from this after the divorce, but it may also help the couple decide how to split their assets.

Ohio couples can avoid litigation over the family home

Many Ohio couples that get divorced may find they have trouble disposing of one very large marital asset--the family home. In today's real estate market, it may not be as easy to figure out what to do with the family home as it was prior to the beginning of the recession. By working together, couples can avoid litigation when comes to determining the fate of the marital home.

Basically, there are two options when it comes what to do with the family home. The home can either be sold or one party can retain the home and refinance the mortgage. For many couples, selling the home may be the easier decision financially. One of the truths about divorce is that a household that may have had two incomes during the marriage is now becoming two households with one income each.

Ohio prenuptial agreements: They can be ruled invalid

Prenuptial agreements have gained a lot of popularity lately. There seem to be a lot more couples signing these agreements prior to getting married. They are seen as an ironclad agreement that can't be broken in the event of a divorce. However, there are some instances where prenuptial agreements may be ruled invalid by an Ohio court.

Essentially, a prenuptial agreement is bound by the same legal principles as any other contract. These agreements just happen to be between two people who are getting married outlining how things will be handled during the marriage as well as in the event of a divorce. Just like other contracts, they can be found invalid under certain circumstances.

Prenuptial agreements may help Ohio couples with estate planning

Many Ohio couples have already been married once and are embarking on their second marriage. Couples that have already been through a divorce may be more wary of what will happen to the assets they acquired not only during the first marriage, but the ones acquired since the end of that marriage should they die. For this reason, prenuptial agreements may become an estate planning document.

One of the biggest questions that may be asked in a second marriage is what will happen to the children of the first marriage. There may already be estate planning documents in place that need to be modified. Depending on what the new couple agrees to, a prenuptial agreement can give each party the peace of mind that the plans they currently have in place for their children will be honored upon their death.

The benefits of collaborative divorce for Ohio couples

The movie and television industries have a tendency to portray divorce as a hard fought court battle filled with warring attorneys and spouses. In reality, it doesn't have to be that way. Ohio couples may not know or understand the benefits of using the collaborative divorce process.

The main goal of the process is to encourage the parties to work together and cooperate in order to come to the best settlement possible for that particular family. It involves a team concept with therapists, attorneys, financial advisers and appraisers; just to name a few. Any expert that may help the couple come to a fair and equitable settlement can be used.

Ohio collaborative divorce: Don't make these mistakes

There are probably many people in Ohio that can attest to the fact that even if you know it's coming, hearing that your spouse wants a divorce is never easy. Most people would hope that their divorce isn't contentious and there are steps to take that may help keep it from becoming acrimonious. Many people may find they would prefer to be amicable and use collaborative divorce instead of having to battle it out in court.

It can be difficult not to panic when faced with the prospect of getting divorced. However, it may be necessary to move beyond the initial shock as quickly as possible. Finding out what rights and responsibilities each party in the relationship has can alleviate some of that panic. Finding out how the process works can keep one spouse from intimidating the other.

Ohio high asset divorce: Demi Moore responds to Ashton Kutcher

Ohio fans of Demi Moore may already know that she has finally filed papers responding to Ashton Kutcher's initial divorce filing in December that we previously reported on Jan. 3 ("Ohio high asset divorce: Ashton Kutcher finally files the papers"). This high asset divorce could turn ugly as a result of Moore's response since Moore has decided to seek spousal support and wants Kutcher to pay her legal fees. Any hopes of an amicable resolution to their divorce may have passed.

It has been reported that Kutcher is now the highest paid man on television. There are some that believe that Kutcher would not have made as much money as he has if he had not been married to Moore. As such, a case may be made that the fame Kutcher gained by being married to Moore led to his financial success. Just how much Moore attributed to Kutcher's fame will be up to the courts.

Ohio child custody: Mom's Facebook posts get dad sole custody

Just about every parent in Ohio has gotten frustrated with their children at some point in time; and everyone handles that frustration differently. One woman decided to deal with her feelings about her son by posting on Facebook. Her posts helped a court decide to give the children's father sole custody at a child custody hearing.

The mother decided to appeal the court's decision to give her ex-husband sole custody of the children. The appellate court's decision was not what she had hoped. In addition to affirming the lower court's decision to give the father sole custody of the children, they also affirmed the family court's decision to ban the woman from posting comments about her children on Facebook.

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