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...

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...

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...

Cincinnati Family Law & Divorce Blog: How is Child Support Calculated in Ohio?

In Ohio, child support is calculated according to a formula written into state law.  That formula combines the Father’s and Mother’s gross income.  Each parent is allowed certain deductions from gross income.  For example, local income tax paid, child support for other children, or spousal support paid or received.  The adjusted gross income is then applied to a chart which identifies the amount of support required to raise children in their parent’s income category.    The paying parent will pay his or her prorated share of the charted amount.  The child support calculation will also make adjustments if there is private health insurance being paid for the children and/or work related childcare.  This final figure is the calculation of guideline child support and is presumed to be the correct amount of child support.   The guideline child support calculation can be reduced if the Court determines that it is not in the child’s...

Cincinnati Family Law & Divorce Blog: What is the Difference Between Sole Custody and Shared Parenting?

In a divorce or dissolution involving minor children, or in the case of unmarried parents, the parties or the court must make a determination regarding the custody of the minor children. Custody can be allocated in two ways. First, one parent can be designated as the sole residential parent and legal custodian of the children. In this scenario, the custodial parent retains the right to make all major decisions regarding the children, including but not limited to educational, medical, religious and disciplinary issues. The non-custodial parent is still entitled to parenting time with the children, including regular parenting time, holidays and vacation time. Additionally the non-custodial parent is entitled to equal access to the children's school and medical records.   The alternative option is Shared Parenting. Under a Shared Parenting Plan, both parents are designated as the legal custodian and residential parents of the children. The most important factor to understand about...

Cincinnati Family Law & Divorce Blog: Marital Property, Separate Property and Mixed Property Explained

In a divorce or a dissolution, Ohio law provides that the court must order an equitable division of all marital property or debt. Generally, property or debt acquired by either party during the marriage is deemed "marital". This includes any property acquired during the marriage, regardless of which party's income was used to purchase that property. Retirement benefits, household goods, cars and investments are marital property and this is true even if these assets are not tiled jointly.   However, certain property can be deemed one party's separate, otherwise called non-marital property. Separate property can include property that either party owned prior to the marriage, received as a gift or inheritance, or purchased with funds that the party had prior to the marriage or received as an inheritance or gift. Separate property will not be included in the overall division of property, but rather will be awarded to one party. In order...