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Beth Silverman & Associates / Articles posted by Beth Silverman (Page 3)
February 28, 2018 In Divorce By Beth Silverman

Cincinnati Family Law & Divorce Blog: How to Obtain Exclusive Occupancy of the Marital Residence

During a divorce proceeding, it is not uncommon for one party to want exclusive occupancy of the marital residence, meaning that the other party would be required to vacate the residence and would not be permitted to enter without the remaining spouse's permission. Unless there is a court order granting one party exclusive occupancy, both spouses have the right to remain in the marital residence regardless of how the house is titled. Often one spouse may voluntarily vacate the residence. Such an action does not cause the vacating spouse to lose any property rights he or she has in the house. However, if the parties have minor children, vacating the residence could have an impact on the allocation of parental rights and responsibilities. Therefore, a party should consult with an attorney about what impact this may have on the parenting issues prior to taking any action. The process of obtaining exclusive occupancy...

December 12, 2017 In Division of Assets and Debts, Divorce, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: How Are A Spouse’s Rights To The Other Party’s Social Security Benefits Determined In A Divorce?

One’s rights to claim Social Security benefits under their ex-spouse’s earned benefits is determined by federal law, rather than state domestic relations law.  For this reason, except in very unusual situations, a divorce or dissolution decree is silent as to the parties’ rights to claim under the other party’s benefits after the divorce. The Social Security Administration states that you can receive benefits if you were married to an ex-spouse for more than 10 years, you are 62 or older, you are currently unmarried AND your benefits from your own work record would be lower than the benefits you would receive based on your ex-spouse’s work.  The latter determination is whether your own earned benefits are less than one-half of your ex-spouse’s benefits.  What is often surprising to most people is that a divorced spouse’s benefit does not reduce the other spouse’s earned benefit.  In other words, the Social Security Administration...

August 21, 2017 In Child Custody By Beth Silverman

Cincinnati Family Law & Divorce Blog: When Can The Child Decide?

When discussing issues of custody and parenting time, a very common question is “at what age does my child get to decide where he or she lives” or alternatively, “when can my child decide when he or she wants to see the other parent.”  There is a common misconception that at a certain age, whether it is 12 or 16, that a child will have the right to determine which parent has custody or what his or her  parenting time with each parent will be.   However, that is not the case in Ohio. Rather, under Ohio law, both custody and parenting time, is determined by the Court after considering a wide range of  relevant factors which help the Court to ascertain what is in the child’s best interest. (O.R.C. 3109.04 and 3109.051) Some of these factors include the wishes of the child’s parents, the child’s interactions and interrelationship with his or...

July 5, 2017 In Child Custody, Divorce By Beth Silverman

Cincinnati Family Law & Divorce Blog: The Role Of The Family Relations Specialist In Collaborative Divorce

When a couple decides on a collaborative divorce, each party must engage his or her own attorney; preferably an attorney who has been trained in the collaborative model.  There are other professionals that can be engaged and it is up to the parties and their attorneys to decide if other professionals are appropriate.  There are two types of professionals that are part of the Cincinnati Collaborative Group Practice.  These are family relations specialists (“FRS”) and financial neutrals.  This post addresses the role of the family relations specialist.   Our family relations specialists are all psychologists or trained therapists.  Generally speaking, the FRS uses their specialized skills and training to coach people through the major transition of ending their marriage.  In addition to the purely legal considerations in a marital termination, social, emotional and parenting concerns are among the many issues competing for the couple’s attention.  The goal is to navigate through these...

February 16, 2017 In Child Custody By Beth Silverman

Cincinnati Family Law & Divorce Blog: Can I Legally Change My Child’s Name?

Parents can petition the Court to legally change their child’s name. Such petitions are filed through the Probate Court. If both parents agree that the change is in the child’s best interest, it is a simple process involving basic paperwork and a filing fee. However, there are often cases where one parent requests the name change and the other parent does not believe the change is in the child’s best interest. For example, if the parents are unmarried, the mother may have chosen the child’s name without any input from the father and the father, after obtaining other legal rights such as parenting time and/or custodial rights, may request that the child have his last name instead of mother’s last name. In other cases, the child may have the father’s last name, but due to specific circumstances, mother may no longer believe it is in the child’s best interest to...

November 19, 2016 In Child Custody, Division of Assets and Debts, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: Is Legal Separation Right for Me?

There are many reasons why a client might consider a legal separation. Here, we will explain exactly what a legal separation is, and a few of the common reasons people seek to enter into a legal separation.   First, it should be noted that a legal separation is not the same as a physical or “trial” separation. Many couples physically separate prior to terminating their marriage. These physical separations may be very informal, with one spouse moving out and the parties making informal agreements as to how they will divide time with their children and manage the monthly expenses. A physical separation could also be accomplished with the assistance of attorneys, who would help parties to negotiate these terms. This situation is different than a legal separation, which is a specific type of legal proceeding.   In a legal separation, the parties go through essentially all of the same steps as they would in...

September 5, 2016 In Child Custody By Beth Silverman

Cincinnati Family Law & Divorce Blog: You Need Not Worry That Custody Decisions Are Permanent

At the termination of a marriage, parents are encouraged to reach agreements about the care of their children, to avoid the court making those decisions.   One of the biggest worries parents have, whether reaching their own agreement, or allowing the court to do so, is that they will be stuck with a parenting allocation or a fixed amount of child support for the duration of their child's minority. This is one worry that is unfounded.   The court retains the authority ("maintains jurisdiction") to modify all orders concerning children. This means that parents may ask the court to change the parenting schedule, modify child support, terminate shared parenting and order sole custody and any other matter involving children. The law recognizes that the needs of children change over time, and recognizes it is the obligation of the court to determine what is in the best interest of a child at any given time. There are...

August 8, 2016 In Child Custody By Beth Silverman

Cincinnati Family Law & Divorce Blog: Can I Relocate During or After My Divorce?

At the termination of a marriage, parents are encouraged to reach agreements about the care of their children, to avoid the court making those decisions.   One of the biggest worries parents have, whether reaching their own agreement, or allowing the court to do so, is that they will be stuck with a parenting allocation or a fixed amount of child support for the duration of their child's minority. This is one worry that is unfounded.   The court retains the authority ("maintains jurisdiction") to modify all orders concerning children. This means that parents may ask the court to change the parenting schedule, modify child support, terminate shared parenting and order sole custody and any other matter involving children. The law recognizes that the needs of children change over time, and recognizes it is the obligation of the court to determine what is in the best interest of a child at any given time. There are...

June 13, 2016 In Division of Assets and Debts By Beth Silverman

Cincinnati Family Law & Divorce Blog: How Does Bankruptcy Impact Divorce?

It is not uncommon for the fields of bankruptcy law and divorce law to intersect. One way this can happen is if one or both parties file for bankruptcy while a divorce action is pending.  Another way is if one party seeks to be relieved (“discharged”) from an obligation that arose out of a divorce or dissolution by filing for bankruptcy. This blog post will attempt to give a general overview of what happens in these specific situations.   If a divorce action is pending and one or both parties file for bankruptcy, a court can still carry on aspects of the divorce case.  While the law provides an automatic suspension (“stay”) of judicial proceedings, there are several exceptions.  A court can still hear cases to establish paternity, establish or modify spousal support or child support, hear cases concerning child custody or visitation issues, or hold hearings related to domestic violence (11...