Child custody in contested and uncontested divorces

Ohio parents know that one of the hardest parts of divorce has nothing to do with retirement, property, or other such matters. Child custody can often be the top disputed matter. These matters are also handled differently depending on how the divorce proceeds.

According to FindLaw, uncontested divorce is one possible way of proceeding. Through this option, it's entirely up to the partners to handle matters like child custody. They can get help from professional third party sources such as attorneys, divorce counsellors, or mediators. However, the onus is on them to come to a conclusion that they both find reasonable. This means they need to decide a visitation schedule, who gets primary custody or if they will share custody, and other complex matters.

What happens when your ex denies visitation or custody time?

Divorce is a difficult experience for children because their foundational relationship with their parent changes. They will often worry about the loss of love and affection from either parent in the process of divorce, as well as whether their behavior somehow contributed to the end of their parents' marriage.

In order to mollify those concerns and help kids continue growing and developing in a healthy and happy fashion, it is important that they have regular contact with both parents. Unfortunately, the emotional nature of divorce often precludes adults from acting in the best interest of their children.

Protecting your future when you are divorcing your spouse

One of the most terrifying parts of divorcing your spouse in Ohio can be the reality that you are now alone, independent and in charge of taking care of yourself without the support from another person. While this thought may be a bit freeing at the same time, it will be critical that you begin planning for your future to give yourself the best chance at enjoying a successful and stress-free life. At Gregg R. Lewis, ESQ., we have helped many people who are dealing with a divorce to begin planning for their future in a manner that is organized and effective. 

Because you may be consumed with making decisions about your immediate situation including child custody arrangements, finding a new place to live and the day-to-day demands that a divorce creates, you may not have had a second to consider the fate of your retirement planning in this situation.

What do I need to know about inherited IRA division?

Divorce agreements in Ohio have been known to split IRAs between spouses that are calling it quits. However, some may assume that inherited IRAs are spared division because, like any separate asset, a single spouse is the recipient. However, that may not be enough to stop some judges from splitting an inherited IRA.

Investment News recently reported that court orders are being issued to divide inherited IRAs. There remains a lot of confusion about whether this is actually allowed because there is no official guidance on the matter. To date, there are no court cases that settle the issue of whether inherited IRAs may be split in a divorce, nor has the IRS provided any directives on the matter.

The way you ask for a divorce is critical to the process

Once you realize you want to get a divorce, you'll do whatever it takes to put the wheels in motion. Along the same lines, you'll also take steps to speed up the process, as you want to put your marriage in the past as quickly as possible.

Before you get too far ahead of yourself, it's critical to think long and hard about how you ask your spouse for a divorce. The steps you take will impact the process in a number of ways. Here are five tips to follow:

  • Prepare for everything: You think your spouse will be okay with divorce, just to find that they're extremely angry and upset. Conversely, you may think your spouse will fight you, just to learn that they don't care as much as you thought. When you prepare for everything, nothing will surprise you.
  • Choose a time and place that makes sense: An often overlooked tip, you don't want to ask for a divorce whenever it comes to mind. You should choose a quiet and private place at a time where there's nothing to get in your way. This will ensure that the conversation stays on topic.
  • Don't back down: It's possible you could ask for a divorce, just for your spouse to do whatever it takes to talk you out of it. If you're 100 percent sure that divorce is the answer, you don't want to back down now.
  • Stay safe: Your safety is more important than the conversation itself. If you believe your spouse will become extremely upset, angry and maybe even violent, ask for a divorce over the phone or in a public place.
  • Don't talk about the details just yet: There is more to getting a divorce than asking for one. As you proceed, you'll focus on things such as property division, child support and child custody. These are all important to your future, but that doesn't mean you have to discuss the details up front. There is plenty of time for that during mediation or litigation.

What constitutes a need to terminate parental rights?

You are going through a challenging divorce from your former spouse in Ohio and are coping with the difficulties of arranging child custody. However, you are questioning whether or not you should seek to have the parental rights of your former spouse revoked. Such an extreme decision, if approved by the court, could provide both advantages and disadvantages depending on the conditions that ultimately led to your divorce from your children's other parent. 

Requesting that your ex's parental rights be terminated merely because you do not want him or her to be a part of your life anymore is not only selfish and extreme, but it could destroy any chance that your children have of forming a healthy and positive relationship with their other parent. Even if you and your ex were unable to make amends and decided to divorce as a solution, he or she may still be a perfectly capable and dedicated parent who like you, wants the best outcome for the children you share. 

The ticking alimony and tax clock

People in Ohio who have agreed to end their marriage quickly learn how complex the process of getting to a final divorce agreement can be and why it often takes more time than they expected to complete their divorce. When the calendar changes next month from 2018 to 2019, a major shift will occur in the tax law that could have significant implications for divorces. Many believe that this anticipated change is actually pushing couples to rush to complete their divorces in 2018.

The change afoot involves how money paid as alimony is taxed. As reported by Bloomberg, the current tax code assigns the tax responsibility for these monies to the person who receives them since they are that person's income. In addition, the person who pays the alimony is allowed to deduct the payments from their income tax return. 

Is dissolution right for you?

As a resident of Ohio who is considering splitting up with your partner, you may be asking yourself what path you should take. Would a traditional divorce be best? What about a legal separation? Maybe dissolution is right, instead. Greg R. Lewis ESQ., Harry Lewis Co., LPA, can help highlight the difference between these options for you.

The three things that dissolution, divorce, and legal separation all have in common is that they allow for you and your partner to split up and live your own separate lives. However, legal separation means that you're still technically married, while divorce and dissolution both nullify the marriage.

5 co-parenting tips to ease stress and lead a better life

When it comes to co-parenting, you can expect to feel quite a bit of stress. Even with a parenting agreement in place, there's something awkward about conversing with your ex-spouse after your divorce is final.

Fortunately, with the right co-parenting tips guiding you, it's much easier to lead a better life. And when you set the goal of leading a better life, you're also doing your part in helping your children do the same.

How can I ensure my ex-spouse is removed from my estate plans?

After a divorce in Ohio, one of the first things you need to do is change your estate plan. You want to remove your ex-spouse from the various aspects of your plan because you no longer want him or her to have control or decision-making power. It is very easy to overlook some items in your plan that need to be changed. It may help to make a list.

According to Forbes, you want to ensure your ex-spouse is no longer in a position to control your wishes, finances or assets. This means you need to focus on those things that appoint your ex-spouse as an executor, beneficiary or agent.

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