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Dayton Family Law Blog

Filing for bankruptcy during a divorce can raise issues

While this Ohio blog has discussed situations in which people with lots of income and assets choose to file for a divorce or legal separation, in fact, many other couples at the opposite end of the financial spectrum also wind up splitting with each other. Indeed, as a previous post on this blog discussed, financial problems are one of the biggest factors that play in to Dayton couples' decisions to divorce each other.

It is no surprise then, that bankruptcy may be at the forefront of a couple's minds at the very time in which they are also trying to divide their assets and debts and go their separate ways financially. The details about whether or not an Ohio resident should file for bankruptcy, and the details of how he or she should go about doing so, are best discussed with a legal professional who frequently practices bankruptcy law.

There are innumerable reasons for divorce

You marry your spouse with the idea that you'll spend the rest of your life together. However, as the months go by, your relationship may change. And in some cases, these changes can lead you down the path toward divorce.

Knowledge of the most common reasons for divorce may be able to help you prevent this from happening. Here are five to protect against:

  • Infidelity: It doesn't matter if it's a physical or emotional affair, infidelity has the potential to end a marriage. Even the strongest of marriages can fall apart if one or both individuals are guilty of infidelity.
  • Financial problems: If your financial situation takes a turn for the worse, such as the result of a job loss or demotion, it will place additional stress on your relationship. While less than ideal financial circumstances bring some couples together, others crumble under the pressure. Another money-related issue results from individuals who are not on the same page in regard to spending and saving.
  • Growing apart as individuals: When you tied the knot you were sure that you were right for each other. But as time has gone by, you've come to find that you're no longer as compatible as you once were.
  • Addiction: There are many types of addictions, with drug and alcohol among the most common. Not only can an addiction wreck the person who's struggling with it, but it can also do the same to the rest of the family.
  • Irreconcilable differences: It may be a catchall, but it's something that leads many married couples to divorce. In simple terms, this means that you're unable to work out your differences with your spouse. It's often the result of too many differences piled on top of one another.

Divorcing over 50 presents special challenges

As previous posts have discussed, while the overall divorce rate is falling, the number of grey divorces in this country has been exploding. Around 1990, only about 10 percent of all people over 50 wound up going through a divorce.

Now, 1 out of 4 people will experience in divorce or legal separation, either in their upper middle age or their retirement years, and that number is expected to continue to climb as the years go by. This means that Ohioans need to be aware of the special issues, which grey divorce presents.

How can I discover if my ex hid assets?

Particularly in a divorce where tension and mistrust is running near a boiling point, it is not uncommon for a spouse to try to hide some property, like a bank account or other fund, from the other party. The financial reason someone does this is that he does not want to split the asset as part of the property division process.

In other words, when everything is above board, then an Ohio judge will divide most property owned by the couple, or either one of them, in a fair and equitable manner. It can be very tempting for one of the spouse to try to bypass this process by hiding property and then keeping it for himself down the road.

Review of Servicemembers Civil Relief Act

Many of those in and around Dayton, Ohio, who are in the service may be aware that they are entitled to certain legal protections under the Servicemembers Civil Relief Act ("Act"). The point of this federal law is to make sure that those who are serving their country, particularly if in deployment, do not wind up unfairly facing legal trouble at home because of their service.

This Act applies to divorce proceedings and other family law matters. Under the terms of the Act, if a servicemember receives notice of a divorce proceeding while on active duty, than the servicemember may apply for and obtain a 90-day stay in the legal proceedings, meaning that the court can take no substantive action in the case while the stay remains in force. A judge also has discretion to extend the stay for an additional 90 days, but this extension is not automatic.

Protect yourself if you're divorcing a narcissist

Divorce is a challenging process for anyone going through it, but things can be much worse when your ex is a narcissist. A person with this mental health condition focuses only on their own needs and desires. They do whatever it takes to get what they want, even if it comes at the expense of another person. This causes problems in the divorce because everything seems one-sided.

At the start of the divorce, you have to determine what strategy you are going to use to handle the narcissistic behavior. You need a divorce attorney who can fight for your rights against a ruthless person because your ex is likely going to try everything they can to hurt your chance of coming out of the divorce with anything.

Review of options for business owners going through divorce

Although previous posts on this blog have mentioned, it may be helpful to residents of the Dayton area to be reminded of the options they have with respect to their businesses when a divorce or legal separation is looming. For that matter, this overview may also be helpful to unmarried couples who have been together for a long time and have operated a business together.

In a divorce, a person's share in a business will with few exceptions be subject to property division. The existence of a prenuptial agreement may change this, but in general, a couple is going to have to determine how much the business, or share thereof, is worth at the time of the divorce. The parties or the judge hearing the case will then have to decide how to fairly divide the value.

What should I do with my house in a divorce?

During a divorce, you and your spouse will need to split any marital assets. You will either work out a plan with your spouse that you both can agree on, or a judge will split your assets for you. One of the most valuable assets that will come up for division is your house.

Depending on your situation, you will either want to keep your house or sell it and split the money you get from it. The decision you make will depend on several different factors unique to you.

5 ways you can prepare for divorce

If your relationship with your spouse has deteriorated over the years, you might be considering divorce. You may already know that divorce can be complicated, time-consuming and stressful. This is especially true for people who go into it unprepared. Once you have decided that you cannot save your marriage, there are a few steps you can take to get ready for the divorce process before you have your first meeting with an attorney.

With a little bit of planning, you can prepare for divorce and be ready to take that first step toward your new life. Here are a few things you can do to get ready for divorce.

Am I able to get spousal support changed?

This blog has previously discussed how Ohio courts may award different forms of spousal support following a divorce or legal separation. To review, if a Dayton resident is ordered to pay spousal support, then he or she must make the regular payments as ordered or face the possibility of serious legal consequences.

Whether a person is or is not allowed to ask the court to change the amount of these payments, or to terminate them altogether, depends in part on what their divorce decree or decree of dissolution says. In Ohio, the decree ordinarily has to spell out explicitly that spousal support can be changed should either party face a change in their financial circumstances. If the decree does not so specify, then the award is permanent.

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