Dayton Family Law Blog

Gray divorces can lead to financial challenges

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in gray divorce on Friday, April 20, 2018.

The divorce rate for couples over the age of fifty has doubled since the 1990s. Divorcing later in life can create unexpected financial challenges and can also shift financial decision-making to a spouse that is not accustomed to making those types of decisions. The impact of gray divorce, as the phenomenon of couples divorcing over the age of 50 is referred to, illustrates the importance of spouses being familiar with their overall financial picture.

When couples divorce, they will need to resolve divorce-related issues such as property division and alimony. When dividing property, each spouse should be familiar with their full financial situation which can also help them prioritize property division concerns, allowing the couple to negotiate a property division settlement that is best for both couples financially moving forward into the future. When couples are unable to agree, the court can help but it is still helpful for spouses to be familiar with their financial situation.

Helping with parental relocation issues and Ohio family law

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in child custody on Friday, April 13, 2018.

When it comes to parental rights and responsibilities in Ohio, there are a number of issues that could arise as the years go on. One of the more complex situations parents may encounter is parental relocation.

The emotional and logistical factors involved in parental relocation notwithstanding, Ohio family law is relatively strict on this matter. A parent with custody of his or her children who wants to move must notify the court in writing of this decision. It doesn't matter if it's a new address on the same street or a new county across the state -- the court must be notified if there is a change from the address stipulated in the parenting time order.

Be careful when timing a divorce based on financial factors

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in property division on Wednesday, April 4, 2018.

Sometimes ending a marriage is a decision Dayton spouses make based solely on emotional considerations. Other times, however, other factors have to be weighed carefully, particularly financial ones. Some may base the timing of the actual divorce filing around financial milestones, even after they've decided in their hearts to seek a divorce. However, it is important to make sure those considerations are fully understood.

For example, back in the 1990s, a wife in another state won a lottery jackpot worth over $1 million. She kept the winnings a secret from her husband, and filed divorce less than two weeks later. Two years after the divorce, however, he learned the truth and filed a lawsuit against his ex-wife for hiding the money during property division. The judge didn't just award the ex-husband half of the winnings: he awarded him the entire sum.

How to deal with narcissistic ex-partner in divorce

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in blog on Sunday, April 1, 2018.

If you are getting ready to file divorce papers in the Dayton area, you may be mourning the end of your relationship. However, though you might feel sad, if your partner is a narcissist, you are probably experiencing anger and frustration too.

Narcissistic individuals may be especially difficult to deal with in a divorce. Their actions often create conflict that causes delays in the separation process. For example, your partner may refuse to acknowledge his or her role in the breakdown of the relationship and blame you. This can cause you to be on the defensive and feel ill-equipped to handle the situation. Here are some tactics to help you deal with a narcissistic partner in divorce.

It's important to understand military divorce issues

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in military divorce on Thursday, March 29, 2018.

Dayton's military families can rely on a lifetime pension once they've retired with 20 years' active duty completed. In the event of a military divorce, however, a military pension can be a complicated asset to divide between the spouses.

The professionals at Hartley Law Office, LLC, are available to help divorcing spouses with challenges like this. We'll talk with you about how the Uniformed Services Former Spouse Protection Act applies in your situation. Typically, if your divorce was filed in an Ohio court, it means that Ohio law will apply. However, since military family members often spread across the country, it will be important to look at what state the filing was made in and what laws will apply.

What is fault divorce in Ohio law? (Part 2)

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in high asset divorce on Friday, March 23, 2018.

When a person in Dayton seeks to end his or her marriage, it is not very common for his or her spouse to try to refuse. After all, when one partner has decided they want out of a marriage and has taken steps towards a divorce, reconciling may be an option, but trying to fight the divorce filing itself in order to keep the marriage from ending usually makes little sense.

One exception, however, is in a fault-based divorce filing. As discussed previously, a fault-based divorce filing will need to allege grounds like infidelity, alcohol or drug abuse, abandonment or similar actions that can have consequences for the spouse who is the subject. Or perhaps both spouses are filing fault divorces and asking a judge to rule. In these cases, it may be necessary to defend oneself in court.

What is fault divorce in Ohio law? (Part 1)

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in high asset divorce on Thursday, March 15, 2018.

Let's take a closer look at a subject raised in a recent post here on our blog. The subject is the "fault divorce" in Ohio law. While we briefly outlined the major differences between no-fault and fault divorce, some readers may be wondering more about fault divorce itself: what are the grounds for fault divorce? What if both spouses allege fault? What can you do if your spouse alleges fault in your divorce?

According to the Ohio Bar, the grounds for seeking a fault divorce in our state include infidelity (as previously discussed) as well as severe cruelty and consistent alcohol abuse. One may also seek a fault divorce from a spouse who has been sentenced to serve time in prison, or one who intentionally leaves his or her partner for a year or more. Other fault grounds are also available, including fraudulent contract and gross neglect of duty. Fault grounds, it can be seen, cover a potentially broad swath of scenarios.

Turner divorce highlights Ohio law regarding fault grounds

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in high asset divorce on Thursday, March 8, 2018.

Dayton residents have likely been following the recent headlines devoted to Ohio's tenth district congressional representative Michael Turner. Turner's hotly contested high-asset divorce was about to draw another Republican congressman into its orbit, and although the couple settled, an interesting point of Ohio family law was raised in the process.

Turner married well-off lobbyist Majida Mourad in late 2015. Divorce proceedings began last spring, with Turner seeking a six-figure settlement from Mourad. Rumors had circulated about the possibility of a romance between Mourad and Turner's congressional colleague Darrel Issa, and Turner's legal team had even indicated they would seek a deposition from Issa.

Common misconceptions about divorce in Ohio

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in blog on Thursday, March 8, 2018.

Divorce can be a difficult process, and the many myths surrounding it certainly do not help. Getting a clearer picture of what to expect can help you move forward and make informed choices.

If you are considering filing for divorce, you may get all kinds of advice from well-meaning friends and relatives. Keep in mind that much of it is based on misconceptions or may not apply in your case. A qualified attorney is the best resource for getting the facts straight.

3 ways divorce is good for your finances

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in blog on Saturday, March 3, 2018.

Each divorce is unique, but no matter how you go about it, it costs money. Although there are ways you can lower the amount, the fact still remains that divorce takes a toll on your finances regardless of your wealth. This unpleasant reality may cause you to hesitate in ending your marriage.

However, divorce does not have be financially devastating. In fact, sometimes it can even boost your finances in the long run, says U.S. News & World Report. Just consider these three ways divorce can be good for your financial health.