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Batavia Divorce Legal Blog

Same-sex divorce: how changes in the laws may affect you

A person who has entered into a same-sex marriage or partnership agreement may find him or herself in need of a divorce someday. If that is you, you may be wondering if there are any special considerations of your same-sex divorce. The law of the land has changed, and you may be wondering if it affects you.

Same-sex couples will face all the typical concerns of other couples who seek divorce. The specific legal circumstances of the marriage may also add a layer of complexity. Although a federal Supreme Court decision is in effect regarding same-sex marriage, some states will require certain other actions.

A deeper understanding of gray divorce cases

Ohio residents are living longer these days, much like the rest of the country. With increased life expectancy comes a variety of opportunities for growth in relationships, but there are also increased risks that a couple will become exposed to factors leading to the dissolution of marriage. Older people tend to use caution when approaching divorce, and this affects the tone of the proceedings in some specific ways.

Older people need not harbor negative feelings when considering ending a marriage. The number of cases involving seniors filing for divorce is steadily growing. In fact, it is prevalent enough to have its own colloquial term: gray divorce. Scholars from various disciplines are currently investigating scale and potential effects. A study released in The Journals of Gerontology states that divorce rates doubled over a period of 20 years, from 1990 to 2010. Adults who had remarried were over twice as likely to divorce. These statistics illustrate the prevalence of divorce in the aging population of the United States, serving as a reminder that any mature adult who pursues divorce is far from alone.

Is this inheritance letter real?

There are many scams floating about in Ohio. One scam that you may very well fall prey to is the inheritance letter scam. This is when you are sent a letter claiming you have inherited a large sum of money. It is easy to believe because you may not have been aware of the relative making the claim or you may actually have a relative named in the letter. These scams can be quite elaborate and look very real. So how can you tell if an inheritance letter is real or fake?

According to Forbes, inheritance letter scams often are written in a very formal way just as a real letter would be. They are on a letterhead and include legal language that makes it seem as if an attorney really did write it. In addition, you may not know all your relatives. Extended family can be huge and cover a wide area, so receiving a notice that you are the only heir to a fortune could happen.

Talking to children about divorce

Divorce can be tough for many reasons, but it is often especially hard for families. Aside from the additional stressors that parents may face, such as difficulties due to a custody dispute or child support, children can also be affected by their parents' decision to call off the marriage. If you have children and are in the middle of a divorce or are thinking about filing for divorce, it is important for you to do whatever you can to make the transition easier for your kids. For example, it may be very helpful for you to discuss what's happening with them.

Talking to children about these matters can feel overwhelming and you may be unsure of where to start. However, it can be tremendously helpful to reassure your child that your love for them will not diminish as a result of the divorce. Moreover, if they have any questions, you should do your best to provide them with helpful answers. By reassuring them and clearing up some of the uncertainties and concerns they have, this alone can smooth things out.

Changing a child support order in Ohio

If you currently pay or receive child support in Ohio, a time may come when you wish to have the amount given to or paid by you amended. Maybe you now make significantly less money than you did when the order was enacted, or maybe you had a change in circumstance that leaves you needing more financial assistance from your child’s other parent. At Kroener Hale Law Firm, we have a comprehensive understanding of the process involved in requesting a change to an Ohio child support order, and we have helped many clients who pay or receive support request an administrative review.

For you or your child’s other parent to request a child support order review, per the Ohio Department of Job and Family Services, your situation must meet certain criteria. More specifically, you or the other parent cannot request a child support order review unless at least 36 months have passed since the original order went into effect. If at least 36 months have gone by, you may request a review, which involves a caseworker looking over the income, financial situations and health insurance benefits of both parents to decide whether the amount paid each month should change.

Things you may not know about probate

While most people in Ohio have a general understanding about what probate entails, there are several facts that you may not realize. We at Kroener Hale Law Firm have offered this information to help you in your estate plan; we can also answer any questions or concerns you may have.

According to the Ohio State Bar Association, probate is not only a great way to name where your assets will go once you have passed away, but also to determine what needs to happen with your taxes, debts and other expenses. You can appoint an executor to be in charge if you are developing a will or allow the probate court to call an administrator, which could be a company, bank or individual.

New trend helps create stability for children of divorce

It probably wasn't all that easy to tell your children you were getting divorced. Perhaps they already had an inkling that your marriage was in trouble; yet, it's never easy for kids to learn that one of their parents is no longer going to live with them. Change is typically challenging no matter what your state in life happens to be at the time; for children whose parents divorce, it's even more difficult.

The more stability you can provide for your children as they adapt to new lifestyles, the better. Many other parents, including perhaps some in Ohio, have been giving a new trend a try in the hope of helping their children cope with their divorces and move forward toward happy, successful futures. This is nesting.

Understanding Ohio child custody laws

Ohio courts seek the best interests of the child when determining post-divorce custody and parenting arrangements. Chapter 3109 of the Ohio Code sets forth the rules governing allocation of parental rights and responsibilities.

As FindLaw.com explains, numerous factors go into deciding what is in the best interests of the child, including the following:

  • The child’s own wishes, assuming he or she has attained the appropriate age and maturity
  • The parents’ wishes
  • The relationship of the child with each parent
  • The mental and physical health of the child and each of the parents
  • The willingness of the parents to cooperate with each other and make joint decisions

Understanding stepparent adoption in Ohio

For married Ohio couples in a blended family situation or a same-sex marriage, stepparent adoption may be the solution to questions surrounding the legal status of the child(ren) living with them. The Ohio State Bar Association reminds couples that while stepparent adoption can be a wonderful, loving decision, it also is serious and permanent.

When a nonbiological “parent” of an Ohio child is married to the biological mother or father of that child, such stepparent can adopt the child. The procedure is relatively simple and inexpensive in most cases.

Factors which determine spousal support

There are many factors you consider when you get a divorce in Ohio. You may not have thought about spousal support, though. At Kroener Hale Law Firm, we know it is important for couples to understand this part of the divorce proceedings.

Spousal support is not something you are automatically granted during a divorce. The Institute for Divorce Financial Analysts says that a judge usually decides whether or not it is necessary. One of the factors taken into consideration is financial need. To be awarded spousal support, you typically need to be economically self-sufficient. If you have recently inherited money or can live comfortably on your share of the marital assets, a judge may decide that you do not need financial assistance.

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