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How do I protect myself financially once a divorce is filed?

How do I protect myself financially once a divorce is filed?

Once a divorce is filed, the court automatically issues what is called a mutual restraining order. This restraining order prohibits the parties from taking debts in the other’s name; disposing of or destroying assets; terminating insurance; changing beneficiaries; withdrawing, spending, or transferring funds in a bank; terminating household utilities; among many other actions. If a party violates the restraining order, the other party may ask the court to force the party to pay back the money lost and may award other damages.

Forcing the parties to leave bank accounts untouched is not practical for most people. The parties are expected to continue paying their household bills, in the same manner, they paid them during the marriage.  Sometimes it is best for the parties to each start a new, separate account and begins placing money in that account once the divorce is filed. This enables the parties to abide by the restraining order, but still have access to their money.

Another workaround to the restraining order is the temporary orders that can be put in place. (If you would like to read more about temporary orders, please click HERE). A party may ask the court to order their spouse to contribute to expenses and debts that the parties have incurred during their marriage. These debts can be as small as utility bills or can be as large as mortgages on a residence. Asking for contributions from the other party may help keep the status quo while the divorce is pending, so one party is not forced to be paying all debts during that time.

 

Divorcing with Children in Clermont County —What to Expect from the Court’s Court-Based Support Services

While courts in Ohio operate under the same statutes, each county’s Domestic Relations Court differs greatly in the services offered outside of litigation, and the procedures for each service. Because these services have the potential to drastically improve the overall time, cost, and outcome of your case, it is crucial that you hire an attorney who is familiar with and knowledgeable of the services offered. The Clermont County Domestic Relations Court currently offers the following services to assist families in the divorce and post-decree process:

  1. Family Service Assessment
  2. Mediation
  3. Early Neutral Evaluation (ENE)
  4. Guardian ad litem (GAL)
  5. Parental Investigation

Generally, these services can be ordered or requested at any point in the process, including before or after a divorce, as parenting issues arise. While all of these services offered are designed to help litigants, each service differs greatly in the role it plays in the court process.

Family Service Assessment

Depending on the information provided in the initial filings, your case may start with a Family Service Assessment with the Court’s Parenting Investigator. The Assessment takes place over the phone and allows each party the opportunity to express their wishes and concerns to the Investigator. Within seven days of the phone call, parties will receive a written, nonbinding recommendation regarding which of the offered services would benefit the parties based on their specific circumstances. At the initial pretrial, after receiving feedback from the parties (and/or their attorneys), the Court will determine whether to order any of the recommended services.

Mediation & Early Neutral Evaluation:

In the Clermont County Domestic Relations Court, both mediation and Early Neutral Evaluation are designed to facilitate a settlement between the parties. They are both confidential processes, and the Court staff who participate do not testify at your hearing. There is no additional cost for mediation or ENE services provided by the Court.

Mediation occurs between the parties and a Mediator with the purpose of reaching an agreement on parenting matters, such as custody, parenting schedule, holidays, travel, decision-making, religion, medical issues, schooling, extracurricular activities, expenses, etc. Mediation allows parents to be collaborative, creative, and flexible when discussing important parenting matters. It also ensures that parents, not the Court, are the decision-makers during your family transition. Attorneys and/or support persons may attend a mediation session if advance notice is provided and all parties agree. Any agreements reached in mediation do not become binding until submitted to and accepted by the Court. Mediation sessions generally last 2 hours, and parties participate in 1-3 sessions.

Early Neutral Evaluation (ENE) is a court-ordered dispute resolution process in which the parents are given a probable outcome of parenting-related litigation after an evaluation of their case. ENE can be especially helpful when one or both parents need a “dose of reality” regarding their case expectations. Once parents have received a neutral and informed opinion from an outside party, the goal is for parents and their attorneys to engage in more realistic and productive negotiations that ultimately lead to an agreement being reached.

ENE is only available to parties who are represented by an attorney. It consists of a single 3-hour session in which the Evaluators, both parties and their attorneys must participate. Prior to the session, parents must complete and submit a “Parenting Perspective Brief” which is shared with the Evaluators and the other parent. At the ENE session, each party and their attorney are given a designated amount of time to express what they are seeking concerning parenting and why. Once everyone has presented their side, the Evaluators will meet privately to discuss, followed by a discussion with the group to explain the Evaluators’ perceived strengths and weaknesses of each parent’s positions, and an overall prediction of what the outcome would be if the case were litigated. Similar to mediation, any agreements reached are not binding until they are properly documented, signed by the parties, and approved by the Court.

Parental Investigation & Guardians ad Litem:

Parental Investigations and Guardians ad litem are utilized to assist the Court in determining the child(ren)’s best interests when allocating parental rights and responsibilities, including custody and parenting schedules.

The Parental Investigation consists of an evaluation of each parent’s behavior, conduct, communication, family relationships, and criminal and Children’s Protective Services history. The parents are required to complete a parenting questionnaire, participate in an interview, and otherwise cooperate with the investigation. If the investigator feels it is necessary, they may interview the children and/or third parties such as teachers, doctors, or childcare providers. The Parental Investigation results in a final report which contains a recommendation to the Court regarding parenting. The report is admitted as the Court’s exhibit and as direct evidence. If either party wishes to cross-examine the Investigator, the Investigator must be timely subpoenaed by the requesting party. The Parental Investigation process takes approximately ninety days.

A Guardian ad litem (GAL) is appointed by the Court to represent and advocate for the best interests of your child(ren) until the case is closed. A GAL may be appointed upon request of either party or by the Court on its own accord. A GAL is responsible for:

(1) visiting your respective homes,
(2) meeting individually with the children and parents,
(3) speaking with family/household members and any other parties they deem necessary such as, teachers, counselors, doctors, friend,
(4) preparing a written report with recommendations related to custody, parenting schedule, and other parenting matters, and
(5) attending and participating in all hearings related to parenting.

Once a GAL has completed their investigation, a report is submitted to the Court (but not filed with the Court), and served upon the attorneys, or parties, prior to the trial. Oftentimes, parties and/or their attorneys are able to utilize a GAL report to facilitate a settlement. If a settlement is not reached, a GAL will testify on direct at the close of the trial and will be subject to cross-examination by both parties at the conclusion of their testimony.

The GAL deposit is $1,500, paid directly to the GAL either by one parent or split between the parents.  From the deposit, the GAL is paid $125 per hour for their billable time plus expenses.  The parents may be ordered to pay additional deposits as needed to pay the GAL fees and expenses. The GAL is required to provide a monthly statement of their fees to the parties (or their attorneys).

If you would like to learn more about these services and procedures, please visit:

https://domesticcourt.org/court-programs/

https://www.domesticcourt.org/wp-content/uploads/sites/36/2018/08/local-rules-2017.pdf

  • DR 26. Medical/Psychological/Psychiatric Evaluations
  • DR 28. Family Service Assessment by the Court
  • DR 29. Appointment of Guardian Ad Litem (GAL)
  • DR 30. Mediation of Parenting Responsibilities
  • DR 31. Early Neutral Evaluation

How do I move residences with my child during a divorce or custody case?

How do I move residences with my child during a divorce or custody case?

During a divorce or custody matter, the court puts in place orders that restrain the parties from moving to another county with any minor children that are subject to the case at hand. A party is generally allowed to move to a different address within the County, so long as they file a NOTICE of Relocation with the relevant court. This serves to keep the other party aware of the residence of the child and it will update the Court’s computers for future mail from the Court.

A party may not move outside of the county with the minor child if there is an order involving the child in place unless the party files a MOTION to Relocate with the relevant court. This motion will need to be heard in court if the non-moving party disagrees with the child moving. Even if there is an agreement allowing a parent to move outside of the County, the parties still need to agree to new terms regarding transportation and parenting time.  If the parties are unable to agree on all terms, the Court will hold a trial and hear testimony.  The court will then make a decision based on what is in the best interest of the child and it will determine if the filing party may relocate outside of the county with the minor child.

 

How do I protect myself financially once a divorce is filed?

How do I protect myself financially once a divorce is filed?

             Once a divorce is filed, the court automatically issues what is called a mutual restraining order. This restraining order prohibits the parties from taking debts in the other’s name; disposing of or destroying assets; terminating insurance; changing beneficiaries; withdrawing, spending, or transferring funds in a bank; terminating household utilities; among many other actions. If a party violates the restraining order, the other party may ask the court to force the party to pay back the money lost and may award other damages.

Forcing the parties to leave bank accounts untouched is not practical for most people. The parties are expected to continue paying their household bills, in the same manner, they paid them during the marriage.  Sometimes it is best for the parties to each start a new, separate account and begins placing money in that account once the divorce is filed. This enables the parties to abide by the restraining order, but still have access to their money.

Another workaround to the restraining order, are the temporary orders that can be put in place. (If you would like to read more about temporary orders, please click HERE). A party may ask the court to order their spouse to contribute to expenses and debts that the parties have incurred during their marriage. These debts can be as small as utility bills or can be as large as mortgages on a residence. Asking for contribution from the other party may help keep the status quo while the divorce is pending, so one party is not forced to be paying all debts during that time.

 

 

What is a temporary order?

What is a temporary order?

A temporary order is an order from the court, issued at the beginning of a divorce or custody motion that controls the terms by which the parties operate until the case is resolved. Temporary orders are most commonly found in divorces where a party asks the court to give a temporary parenting order so that the parties do not have to wait for the outcome of the case to have a formal parenting time schedule. Temporary orders designating custody, parenting time, and child support resolve issues that parties usually have in the beginning of a case but are only in effect during the pendency of the divorce. Temporary Orders involving only parenting terms generally do not require a hearing.  The Court uses the affidavits filed by each of the parties to issue these orders without holding a hearing. Either party may ask for a hearing if they would like to contest the orders that the Court puts in place.

Parties can also ask for temporary spousal support or payment of debts. Unlike custody, parenting, and child support, motions involving temporary payments of debt or spousal support generally require a hearing before there is an order issued.

Temporary Orders are not final and they typically last only until the final decree of divorce has been journalized.

Divorcing with Children in Warren County — What to Expect from the Court’s Dispute Resolution Services

While courts in Ohio operate under the same statutes, each county’s Domestic Relations Court differs greatly in the services offered outside of litigation, and the procedures for each service. As you begin the divorce process, it is important to be aware of which dispute resolution services are offered, as they can potentially improve your overall divorce process and outcome. Certain dispute resolution services have the potential to 1) allow you and your ex to decide the outcome of your case, rather than the Court, 2) avoid litigation, and 3) reduce the overall costs and time required to complete your case. The Warren County Domestic Relations Court currently offers the following four services:

  1. Mediation
  2. Early Neutral Evaluation (ENE)
  3. Psychological or Psychiatric Examinations
  4. Guardian ad litem (GAL)

Generally, these services can be ordered or requested at any point in the process, including before or after a divorce, as parenting, property, or support issues arise. While all of these services offered are designed to help litigants, each service differs greatly in the role it plays in the court process. Currently, ENE is the only service offered that can address property and support issues, while the rest are reserved for parenting matters.

Mediation & Early Neutral Evaluation (ENE):

In the Warren County Domestic Relations Court, both mediation and Early Neutral Evaluation (ENE) are designed to facilitate a settlement, meaning you can negotiate the terms of your case without the Court deciding for you. It also means your case can potentially be completed much sooner than through the litigation process. They are both confidential processes, and the Court staff who participate would not testify or be a hearing officer at any future hearing. There is no additional cost for mediation and ENE services provided by the Court.

Mediation occurs between the parties and a Magistrate who is a trained mediator. This Magistrate would not be a hearing officer in your case. Attorneys and/or support persons may also attend if advance notice is provided. Any agreements reached in mediation do not become binding until submitted to and accepted by the Court in the appropriate format, such as a Shared Parenting Plan or Agreed Entry. Parties may engage in as many sessions as needed, so long as the mediator agrees that additional sessions are productive.

Local Rule 5.3(A) defines the Court’s ENE service as, “a Court ordered dispute resolution process in which the Early Neutral Evaluator provides an evaluation of the probable outcome of any parenting, property or support dispute.” Unlike mediation, ENE can be used to address any parenting, property, or support issues. The ENE process involves the parties, their attorneys (if represented), and the Evaluator, currently Magistrate Iversen. The Evaluator involved in your ENE session would not be a hearing officer in your case. Parties are first required to complete and submit a brief one week prior to the session, which gives the Evaluator an overview of what each party is seeking and why. During the ENE session, the parties and their attorneys are each given their own designated time to argue their respective positions, without the constraints and formalities of an actual trial. Once the parties and their attorneys have presented their positions, the Evaluator then provides an evaluation of the probable outcome of the case. Following the evaluation, additional time is built into the session to allow the parties to negotiate based upon the evaluation just received. This opportunity can be extremely productive once the parties have been given a realistic assessment of their case. ENE sessions are scheduled for 3-4 hours, followed by a scheduling conference to notify the hearing officer whether any agreements were reached as a result of ENE.

 

Psychological/Psychiatric Examinations & Guardians ad Litem (GAL):

Psychological and/or Psychiatric Examinations and Guardians ad litem (GAL) are utilized to assist the Court during a trial to allocate parental rights and responsibilities, including custody and parenting schedules.

If the Court determines that an evaluation of a party is needed before it can properly allocate parental rights and responsibilities, the Court will order a psychological or psychiatric examination, and the appropriate professional will be appointed by the Court. Attorneys are not permitted to communicate with or provide documentation to the professional unless approved by the Court. Once the evaluation is completed, the professional will provide the Court with a written report and recommendations at least 30 days prior to the hearing. The report is also provided to the attorneys, or the parties directly. The report is accepted into evidence as direct testimony, and the professional is considered to be the Court’s witness. If either party wishes to cross-examine the professional, they must facilitate the professional’s appearance at their hearing, and be responsible for any fees associated with their appearance. The Court will allocate the costs of the evaluation between the parties.

A Guardian ad litem (GAL) is appointed by the Court to represent the best interests of your child(ren). A GAL is often a family law attorney (although not a requirement), who has satisfied specific training requirements set forth by the Supreme Court of Ohio. A GAL will visit your respective homes and speak with the family members individually and any third parties as needed or requested by the parents (teachers, doctors, friends, etc.). A GAL may be appointed upon request of either party or by the Court on its own. Once a GAL has completed their investigation, a report is submitted to the Court (but not filed with the Court) and served upon the attorneys, or parties, at least fourteen days prior to the hearing. A GAL report is accepted as direct evidence. If either party wishes to question the GAL at the hearing, they must subpoena the GAL and will be responsible for their fees related to their attendance. Absent a subpoena, a GAL will not attend the hearing. While other counties determine a standard rate for their GALs, GAL’s in Warren County are permitted to set their own reasonable rate, which ranges generally from $100 to $200 per hour. Absent extraordinary circumstances, total GAL fees are typically expected to be around $1,500 excluding any Court appearances.

 

If you would like to learn more about these services and procedures, please visit:

https://www.co.warren.oh.us/domestic_relations_court/Forms/ENE.pdf

https://www.co.warren.oh.us/domestic_relations_court/LocalRules.pdf

  • 5 Appointment of Guardian Ad Litem (GAL)
  • 6 Psychological or Psychiatric Examinations
  • 2 Mediation
  • 5.3 Early Neutral Evaluation

Divorcing with Children in Hamilton County — What to Expect from the Court’s Dispute Resolution Department

Divorcing with Children in Hamilton County — What to Expect from the Court’s Dispute Resolution Department

While courts in Ohio operate under the same statutes, each county’s Domestic Relations Court differs greatly in the “dispute resolution” services offered, and the procedures for each service. Dispute resolution services have the potential to help your case be resolved by agreement, without the substantial time and costs associated with litigation. It is important to understand early on which dispute resolution services are available as they can dramatically alter the course of your divorce. In Hamilton County, the Domestic Relations Court will often encourage, if not require, that you participate in at least one of their dispute resolution services before allowing a case to go to trial when parenting is at issue. Of the nearby Ohio counties, the Hamilton County Domestic Relations Court currently offers the most dispute resolution services, those services are as follows:

  1. Mediation
  2. Neutral Evaluation (NE or ENE)
  3. Custody Investigation
  4. Guardian ad litem (GAL)
  5. Parenting Coordination (PC)

Generally, these services can be ordered or requested at any point in the process, including, before or after a divorce, as parenting issues arise. While all these services offered are designed to help families, each service differs greatly in the role it plays in the court process.

If you would like to learn more about these services and procedures, please visit:

  1. https://www.hamiltoncountyohio.gov/government/courts/court_of_domestic_relations/dispute_resolution
  2. https://www.hamiltoncountyohio.gov/government/courts/court_of_domestic_relations/local_rules

Mediation & (Early) Neutral Evaluation in Hamilton County, Ohio:

Generally, mediation and Neutral Evaluation (NE or ENE) are designed solely to facilitate a settlement. They are both confidential processes, and the Court staff who participate do not testify at your hearing.

Mediation involves the parties and a Court Social Worker/Counselor who is a trained mediator. Attorneys and/or support persons may also attend mediation, but notice should be provided in advance. If an agreement is reached, the mediator will prepare a written document summarizing the agreements reached, which is then provided to the parties and/or their attorneys. The Magistrate and/or Judge assigned to your case does not receive a copy of this agreement. The mediation agreement is then used to prepare the appropriate Court document, such as a Shared Parenting Plan or an Agreed Entry, which is then submitted to the Court for approval. It is the parties’ and/or their attorneys’ responsibility to prepare this document.

Most often, parties participate in 1-3 mediation sessions, which generally last approximately 2 hours each.  Pre-decree mediation is free to the parties in Hamilton County. Parties may engage in as many sessions as needed, so long as the mediator agrees that additional sessions are productive. Post-decree mediation is a one-time fee of $150, which also includes as many sessions as the mediator deems productive.

Neutral Evaluation (NE or ENE) can be thought of as a hybrid between mediation and a mock trial. The Neutral Evaluation (NE or ENE) process is a single session, lasting approximately 2-3 hours, involving the parties, their attorneys (if represented), a Magistrate, and a Court Social Worker/Counselor (or 2 Magistrates for Financial Neutral Evaluation). The Magistrate involved in your Neutral Evaluation session would not be a hearing officer in your case at any point. Parenting Perspective Briefs are completed by the parties ahead of time (provided by the Court), allowing each party to explain in writing their respective issues and positions. Both parties and their attorneys (if applicable) explain what they are seeking and describe the evidence that supports their positions.  The Evaluators then provide an oral assessment of their respective positions and their predictions of the outcome of the case if it went to trial and the parties are able to prove the positions as they were presented during NE. Additional time is built in to allow the parties to discuss settlement options, considering the feedback received. Neutral Evaluation (NE or ENE) has a one-time fee of $200. Neutral Evaluation (NE or ENE) is the only service offered that can be used to address financial disputes.

If you would like to learn more about mediation services, please visit:

Hamilton County Domestic Relations Court’s Approved Community-Based Mediators: https://www.hamiltoncountyohio.gov/UserFiles/Servers/Server_3788196/File/Government/Courts/Court%20of%20Domestic%20Relations/Dispute%20Resolution/Approved%20Mediators/22-9%20Hamilton%20County%20Approved%20Mediators.pdf

 

Custody Investigations & Guardians ad Litem in Hamilton County, Ohio

Custody investigations and Guardians ad litem (GAL) exist more as a tool to assist the Court in making its decisions, although they can both be extremely helpful in facilitating agreements. Custody Investigators and Guardians ad litem are responsible for making recommendations to the Court regarding primarily custody and parenting schedules, but may include additional recommendations such as communication provisions, school placement, medical decision-making, extracurriculars, and any other issues that are raised by the parents or children during the investigation.

A GAL is appointed by the Court to represent the best interests of your child(ren). A GAL will visit the parties’ respective homes and speak with the family members individually and third parties, as needed (attorneys, teachers, doctors, therapists, friends, etc.). A Custody Investigator is a Court Social Worker who investigates the family through a series of meetings at the Court (or via Zoom/telephone) and information-gathering. They will also speak to third parties who the parties or Custody Investigators determine, as needed to assist in their final report.

Both services result in a final, written report, which contain recommendations that the Court considers, in conjunction with a formal trial, when issuing its Decision. These reports can also be extremely helpful in facilitating a settlement, allowing parties to potentially avoid a trial altogether. Custody Investigators may testify at your hearing about the details of their investigation, so long as they are subpoenaed by the requesting party, pursuant to Local Rule 2.3.  Pursuant to Local Rule 10, a GAL must testify at the hearing for their report to be included as evidence, unless otherwise agreed. Both Custody Investigators and Guardians ad litem may be subjected to cross examination.

Custody Investigations have a one-time fee of $800 for a Full Investigation, and $400 for a Brief Focused Investigation for limited issues. There is no additional cost if the Custody Investigator is subpoenaed to testify in the hearing. Guardians ad litem are paid $175 per hour for all in-court and out-of-court time spent on the case, unless otherwise agreed or ordered.

 

Parenting Coordination in Hamilton County, Ohio:

Parenting Coordination can best be described as a hybrid of the above services. It can be ordered or requested by the Court before a trial, or as part of the Court’s final Decision. For example, parties may be ordered to utilize a Parenting Coordinator to reach an agreement prior to having a trial. Alternatively, parties may be ordered in the final Decision to work with a Parenting Coordinator for a specified period. A Parenting Coordinator works directly with parents to help resolve complex and/or high-conflict parenting issues. Pursuant to Local Rule 2.11, if an agreement cannot be reached, a Parenting Coordinator can issue a written decision that is effective immediately and remains effective until further order of the Court. Parenting Coordinators are paid $175 per hour for their time spent on the case, unless otherwise agreed or ordered.

If you would like to learn more about these services and procedures, please visit:

Hamilton County Domestic Relations Court’s Approved Parenting Coordinator Roster:

https://www.hamiltoncountyohio.gov/UserFiles/Servers/Server_3788196/File/Government/Courts/Court%20of%20Domestic%20Relations/Forms%20Procedures/2-53%20Parenting%20Coordinator%20Brochure%20and%20Referral%20List.pdf

Annulment: What are the grounds for annulment in Ohio?

In this video, Sarah continues sharing about “Annulment: What are the grounds for annulment in Ohio?”. Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Sarah
Incest – defined as marriage to a first cousin or closer relative – and bigamy or polygamy – defined as having more than one spouse – are both grounds for an annulment. These types of marriages are void and not recognized by the State of Ohio.

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Juvenile Court: Custody of a Child by Two non-married People

My spouse had a baby with someone else during our marriage. I am not legally the parent of that child, right?

Sometimes spouses separate before they are divorced and begin relationships with other people. If one of the spouses has a child or gives birth to a child whose paternity is biologically not part of both spouses, this can cause confusion during the legal process.

A Married person has a child with a Non-Spouse

Ohio law states an unmarried mother is automatically the custodian of the child, unless a court order says otherwise. For paternity to be established formally, the non-married parent that didn’t give birth to the child must petition the court to establish paternity through DNA testing. If married person has a baby with a person that is not their spouse, then that child will not be subject to any divorce proceedings of the married parent, because the person that gave birth to the child is the custodian.  In this scenario, the Spouse of the married parent is NOT considered a parent of the child

A Married Person has a child with Someone other than their Spouse

The situation is completely different if a woman gives birth to a child during the marriage. If a woman gives birth to a child while married, the spouse is automatically presumed to be the other parent under Ohio law and the spouse’s name must be put on the birth certificate. Even if both parties know that a different person is the other biological parent, the hospital will likely still put the spouse’s name on the birth certificate. This presumption that the spouse is the parent, complicates the divorce process. When getting a divorce, the non-biological parent must then ask the court to de-establish paternity on the child to avoid including that child in the divorce process.