Blog | Divorce & Family Law Experts | Beth Silverman & Associates

June 9, 2015 In Uncategorized By Maggie Nestheide

Cincinnati Family Law & Divorce Blog: What is Collaborative Law?

Collaborative law or collaborative practice is another option for parties who want to terminate their marriage without resorting to litigation or the adversarial process. There are several key features to a collaborative case. Each party must engage a collaborative attorney and a participation agreement will be signed. The agreement requires (1) an exchange of complete financial information (2) the maintenance of confidentially during the process so that each spouse can freely express his or her needs and concerns, (3) a commitment to resolving the case out of court and (4) an understanding that the collaborative attorneys may not represent them if either chooses litigation. The goal of the collaborative process is to reach a comprehensive agreement on all issues so that the parties can dissolve their marriage without court intervention. Collaborative law empowers spouses to dissolve their marriage with dignity. While each party's attorney will support him or her through advocacy,...

April 16, 2015 In Uncategorized By Beth Silverman

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

Mediation services are used for resolving all sorts of disputes between individuals or businesses in many different areas. Mediation is commonly used in family law as an alternative to litigation. In the Cincinnati area, there are attorneys who are trained mediators, and mental health practitioners, and individuals without any required professional licensing who act as mediators. In our law practice, we normally work with attorneys and mental health professionals as mediators. A mediator can be engaged at various stages of a family law matter. For example, there are cases where a couple decides to end their marriage, and rather than seeking independent legal counsel, they engage a mediator to help them resolve their issues and then engage lawyers to prepare the legal documents and have the case processed through court. In other cases, a couple may each engage legal counsel and their attorneys may recommend they attempt mediation to resolve their...

March 23, 2015 In Child Custody By Diana Link

Cincinnati Family Law & Divorce Blog: Tech Tools for Co-Parenting

When couples with children divorce, they are faced with the reality of an entirely new parenting dynamic. While married, each parent most likely had certain “domains” that he or she took care of for the children, often with little or no input from the other parent. This is the nature of married parenting, but it isn’t the same for divorced couples. Most divorced parents want to have access and input into all areas of their children’s upbringing, even when they didn’t in the past. This can be challenging, considering many couples end their marriage due to poor communication. Thankfully, there are a few extremely helpful apps that can streamline the co-parenting process and help families transition into a new dynamic. Programs such as these ensure that all of the children’s activities, expenses, appointments and important information can be kept in one place, and can be documented for the court if necessary....

February 27, 2015 In Divorce By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: What is a Divorce Restraining Order?

When a party files for divorce in most Ohio counties, the Court will automatically issue a Temporary Restraining Order ("TRO") that prohibits either spouse from taking certain actions while the case is pending in Court. The Court issues these orders as a matter of course, without a specific request by the parties, to ensure that the status quo is not changed unilaterally by either spouse. Temporary restraining orders can vary from county to county so it is imperative that you review the specific order issued by the Court where your case is pending. Typically, these restraining orders include the following prohibitions: removing children from the county where they reside at the time of filing for purposes of establishing a residence, selling or otherwise disposing of property owned by the parties, changing or canceling insurance of any kind (life, health, car, etc.), withdrawing funds from any retirement or investment accounts, or incurring...

January 7, 2015 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 15, 2014 In Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: How is Spousal Support Determined in Ohio?

There is no formula for the calculation of spousal support (formerly known as “alimony”) in Ohio. Spousal support is determined on a case-by-case basis after a consideration of several factors set forth in Ohio Revised Code Section 3105.18. Spousal support is not appropriate in every case, and is most commonly awarded in marriages of significant duration where there is a large disparity in incomes between the spouses. However, there are many other factors that go into the determination of an award of spousal support. The statutory factors in determining an award of spousal support are (1) the income of both parties; (2) the earning capacities of both parties, as compared to one another; (3) the age, physical, mental, and emotional health of each party; (4) the retirement benefits available to each party; (5) the duration of the marriage; (6) whether it would be appropriate for the party receiving support to seek...