Gregg R. Lewis, Esq. – Harry Lewis Co., LPAColumbus Divorce Lawyer | Franklin County Criminal Defense Attorney2024-03-08T17:08:32Zhttps://www.grlfamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502258/2020/07/cropped-GregLewis-site-icon-512-32x32.pngOn Behalf of Harry Lewis Co., LPAhttps://www.grlfamilylaw.com/?p=496452024-03-05T17:08:59Z2024-03-08T17:08:32ZA basic definition of child abuse
A characteristic of child abuse is any action that results in harm or potential harm to a child's physical or emotional well-being. Whether physical or emotional, an action is abusive when it intentionally interferes with healthy childhood development.
Why parental alienation is child abuse
Parental alienation equates to emotional abuse because it involves psychological strategies that create fear, hostility or disrespect within the child toward the other parent. These tactics may lead to the child having unjustified resentment or fear towards that parent, which manifests in refusal of contact and loss of relationship. This disruption of a parent-child bond can have cascading negative effects on the child’s emotional and psychological growth.
Like other forms of emotional abuse, it can also lead to significant developmental problems. It might even put the child at a higher risk for mental health disorders, such as depression and identity issues. These impacts are not necessarily immediately visible and may manifest over time, complicating detection and intervention.
Signs of parental alienation
The behaviors that constitute parental alienation involve constant badmouthing of the other parent, limiting contact, erasing the other parent from the life of the child and forcing the child to reject the other parent. A child may express confusion, guilt and anxiety as a result. Inconsistent behavior toward a parent or a sudden drawing away without good reason may be evidence of parental alienation.
While each case varies in severity, responsible adults should not take the signs of parental alienation lightly. Such awareness and recognition can pave the way for appropriate interventions to protect the psychological health of the affected children.]]>On Behalf of Harry Lewis Co., LPAhttps://www.grlfamilylaw.com/?p=496372024-02-22T20:30:05Z2024-02-22T20:30:05ZProtection of assets
The MTO prevents either spouse from making significant changes to their financial situation during the divorce process. This includes actions such as selling assets, taking out loans or making large purchases without the consent of the other party. By restricting these actions, the MTO aims to ensure that neither spouse can unfairly deplete or hide assets that may be subject to division during the divorce settlement.
Preservation of property
The MTO often includes provisions to preserve property and assets that are jointly owned by the couple. This means that neither spouse can damage or dispose of shared property without the other's permission. By maintaining the integrity of jointly owned assets, the MTO helps to prevent disputes and ensures that both parties have access to their fair share of marital property.
Protection of minor children
An MTO plays an additional role in cases where there are minor children to consider. The MTO may include provisions related to child custody, visitation and support. These provisions protect the best interests of the children and ensure that both parents continue to fulfill their parental responsibilities.
The Standard Mutual Temporary Restraining Order plays a dynamic role in protecting the rights and assets of both spouses during a divorce. With clear guidelines and restrictions in place, divorcing couples can proceed with a more amicable and equitable resolution of the divorce process.]]>On Behalf of Harry Lewis Co., LPAhttps://www.grlfamilylaw.com/?p=496262024-01-26T16:08:35Z2024-01-26T16:08:35ZFinancial considerations
Take time to consider your financial position before you decide when the time is right to file. The financial strain of transitioning to a single-income household can pose significant challenges. Make sure you have the resources to manage this change in your finances before you file.
Your children
For many couples, the desire to protect their children complicates the decision to file for divorce. Choosing the right time for your children is difficult. Avoid filing right before the holidays when possible and consider any special events as well. This reduces the disruption on your child and helps them maintain what they have worked for.
Your support system
The stronger your support system before you file for divorce, the easier the process is. Surround yourself with positive influences and resources for advice and reassurance. This is particularly important as a parent since you might need someone to turn to for childcare during the transition.
Be prepared for changes
Filing means your life will significantly and permanently change. Are you ready to establish new routines, living situations and more? The more you can address now, the easier the transition becomes.
Carefully weighing your personal situation allows for informed, thoughtful decisions about when to file for divorce. Focus on the factors above so that, when you finally file, you feel confident in your choice.]]>On Behalf of Harry Lewis Co., LPAhttps://www.grlfamilylaw.com/?p=496212024-01-11T16:34:11Z2024-01-12T16:33:59ZDivorce is the chance for a new beginning
Around 12% of Ohio's population has been through a divorce, while 1.6% have separated. 33% of the state's residents have never married. Learning how to be happy alone is necessary for these people.
Instead of thinking of divorce as an ending, consider it the opportunity for a fresh start. Embracing change and personal growth becomes possible, fostering the chance to create a fulfilling and authentic future after the challenges of divorce.
Recent research from University of Toronto psychologists Yoobin Park and Geoff MacDonald offers valuable insights into the keys to a satisfying single life, discussed below.
Acknowledge emotions after divorce
Divorce triggers a wave of emotions, many of them negative. Instead of suppressing emotions, face and process them. This initial step toward healing lays the foundation for a healthier psychological adjustment to your newfound single status.
Rediscover individual identity
Divorce is an opportunity to rediscover and reconnect with yourself. Taking up old hobbies, exploring new interests and focusing on personal growth can help you find a new sense of who you are.
Prioritize mental and physical health
Finding activities that promote mental and physical well-being can lead to a more satisfying single life. Walking, yoga and other pastimes accomplish both at the same time.
Build a supportive network
Maintaining a supportive network of friends and family is essential post-divorce. These relationships can provide support and emotional connections that contribute to your overall well-being.
Fulfill relationship needs
Happy singles meet relational needs in many ways. Friendships, family relationships and a satisfying sex life contribute to happiness. Focusing on these connections can help you overcome the potential negative psychological impact of divorce.
Explore new opportunities
Embracing the opportunity to explore new aspects of life is empowering. Whether through travel, education or career pursuits, new opportunities can open doors to personal fulfillment. Being single allows the freedom and time to pursue these goals without having to consider a spouse's desires.
Prioritize self-care
Establishing healthy habits contributes to overall well-being. Regular exercise, a balanced diet and getting enough sleep are essential.
Some people discover more happiness without marriage. Being single offers freedom, independence and the chance to explore personal fulfillment. Unrestricted by marital expectations, these individuals find joy in self-discovery, diverse relationships and the flexibility to shape their lives according to their own terms.]]>On Behalf of Harry Lewis Co., LPAhttps://www.grlfamilylaw.com/?p=495962023-12-20T17:33:34Z2023-12-22T17:33:09ZUnderstand your timeline
In most cases, you have 28 days to respond to the divorce papers. That 28-day response period begins on the date of service, which is typically the day that you receive the papers. Your timely response to the papers is an important part of efficient and effective court proceedings.
Consider an answer
One option for response is to simply answer the filing. An answer serves as your formal response to the petition in which you address the claims raised by your spouse. The answer allows you to present your side of the story in which you can dispute any claims your spouse made and share your perspective.
Weigh a counterclaim
In some cases, you might decide to file a counterclaim instead. Unlike an answer which only responds to the petition, a counterclaim is an initiation of your own legal action within those proceedings. If you file a counterclaim, you can detail your own demands or requests regarding property division, child custody or support. This gives you more control over the process and a more proactive say in your position.
Although the national divorce rate has dropped to 7.6 per 1,000 women, all married individuals should understand the divorce process. The more you understand about your rights when served with divorce papers, the easier it is for you to protect your interests even when you get caught unaware.]]>On Behalf of Harry Lewis Co., LPAhttps://www.grlfamilylaw.com/?p=495912023-12-27T16:39:11Z2023-12-01T16:40:21ZFinancial resources and needs
When making decisions regarding fee allocation in a divorce, the court assesses the financial situation of both you and your spouse. This evaluation includes your income, assets and ability to pay for the divorce. If there is a significant disparity in financial resources, the court might order the more financially stable spouse to contribute to the legal expenses of the other.
Conduct of the parties
Your behavior during the divorce proceedings can impact the court's decision. If your or your spouse's actions have unnecessarily prolonged the process or increased costs, the court might require the responsible party to bear a greater share of the legal expenses.
Complexity of the case
Complex divorces that involve the division of substantial assets can lead to higher legal costs. The average Ohio divorce costs over $9,000 in legal fees, and high-asset couples often end up spending far more. In such situations, the court may consider these increased expenses when allocating attorney's fees and litigation costs.
Final rulings in court
There is no guarantee the court will order your spouse to pay your legal fees and expenses. The courts assess each case on its own merits, and the final decision rests with the judge's discretion. If you are going through a divorce, you should discuss the possibility of fee allocation with your legal team. This discussion ensures that you understand your options and the potential financial implications of your divorce proceedings.
In certain situations, your spouse may be responsible for covering your legal fees and expenses in an Ohio divorce. This arrangement helps maintain fairness and equity in managing financial responsibilities during the divorce process.]]>On Behalf of Harry Lewis Co., LPAhttps://www.grlfamilylaw.com/?p=495902023-12-27T16:40:34Z2023-11-16T20:30:58ZProvide financial details
The affidavit of income and expenses requires both spouses to share detailed information about their income, including wages, bonuses, dividends and any other money sources. This transparency ensures that the court fully understands each party's financial situation.
Facilitate decisions
By showing a clear picture of how much money each person has and needs, the court can figure out if one spouse requires financial help from the other. They look at things like the length of the marriage, lifestyle and earning potential.
Additionally, by detailing each parent's financial resources, the court can figure out a fair amount of child support. This includes covering costs like education, healthcare and everyday living expenses.
The document also plays a role in the fair distribution of marital assets. It enables the court can make informed decisions about dividing property to ensure that both parties get a fair share of the marital estate based on their financial situations.
The affidavit of income and expenses encourages openness about finances. It makes the divorce process more efficient and fair, allowing the court to understand the financial needs and abilities of each spouse.]]>On Behalf of Harry Lewis Co., LPAhttps://www.grlfamilylaw.com/?p=495892023-12-27T16:50:21Z2023-11-15T20:04:20ZHow it works
Temporary spousal support is something the court often awards when one spouse requires financial assistance to maintain their standard of living while the divorce case is ongoing. The purpose of temporary spousal support is to ensure both parties have the financial means to cover their basic expenses during the divorce process, rather than leaving one party in a vulnerable financial position.
Eligibility
A situation must meet certain criteria to be eligible for temporary spousal support in Ohio. The court considers factors such as the length of the marriage, the standard of living established during the marriage and the financial resources and earning capacity of both spouses. Additionally, the court takes into account each spouse's age, physical and emotional health and any contributions made to the marriage, including homemaking and childcare responsibilities.
The court evaluates the financial needs of the spouse seeking support and the other spouse's ability to pay. The goal is to ensure that neither party faces a financial disadvantage during the divorce proceedings.
An important note
It is important to note that temporary spousal support is not automatic. The court may not grant it in all cases. The court exercises its discretion in determining the amount and duration of support. Temporary spousal support provides temporary assistance until the finalization of the divorce only. At that point, the court may issue a more permanent spousal support order in the divorce decree.
Temporary spousal support can offer a degree of financial stability during the divorce process, enabling both parties to cover their necessary expenses and legal fees. It is important for individuals going through a divorce in Ohio to understand their rights and options regarding spousal support.]]>On Behalf of Harry Lewis Co., LPAhttps://www.grlfamilylaw.com/?p=495842023-09-25T16:48:12Z2023-09-25T16:48:12ZHigh-conflict situations
The divorce rate in Ohio was 2.6 per 1,000 people in 2021. In cases where parents find it challenging to reach an agreement regarding their child's custody, the court may mandate a custody evaluation. These high-conflict situations often involve disputes or concerns about a parent's ability to provide a safe and nurturing environment.
Allegations of abuse or neglect
When allegations of abuse or neglect arise, the court may order a custody evaluation to assess the validity of these claims. Ensuring the child's safety is the utmost priority and a thorough evaluation helps the court make an informed decision.
Substance abuse issues
If one or both parents struggle with substance abuse, the court may require a custody evaluation to determine whether the parent with a history of substance abuse has taken the necessary steps toward rehabilitation and creating a safe environment for the child.
Mental health concerns
Mental health impacts a parent's ability to provide a stable and nurturing environment for their child. When one parent has a history of mental health issues, the court may order a custody evaluation to assess the parent's current mental state and its potential impact on the child's upbringing.
Relocation plans
When a custodial parent expresses intentions to relocate a significant distance away, it can raise complex questions about the child's best interests. In such cases, a custody evaluation may be necessary to evaluate how the proposed move may affect the child's relationships, education and overall well-being.
Child's preferences and wishes
In Ohio, if a child is mature enough to express a reasoned and independent preference, the court may consider their input. It may conduct a custody evaluation to help ascertain the child's desires and evaluate their potential impact on the custody decision.
Courts in Ohio use custody evaluations as a valuable tool for the court to make well-informed decisions regarding the best interests of the child. By carefully considering the specific circumstances of each case, the court strives to ensure that the child's well-being and stability remain at the forefront of any custody determination.]]>On Behalf of Harry Lewis Co., LPAhttps://www.grlfamilylaw.com/?p=495832023-12-27T16:41:52Z2023-09-17T22:42:07Zdivorce process and prolong issues associated with the process. There are several risks that can make getting a divorce hazardous.
Financial strain
Separating finances and assets can be daunting. Disputes over property division, alimony and child support can leave finances in limbo during the process. This can lead to financial strain and instability, putting both parties at risk of financial hardship.
Communication breakdown
During divorce proceedings, communication often deteriorates, making it difficult for divorcing couples to cooperate and resolve issues amicably. This breakdown in communication can escalate conflicts and potentially lead to dangerous confrontations.
Stalking and harassment
In some cases, one party may engage in stalking or harassment of the other in an attempt to intimidate, especially if the person is not getting what he or she wants in court. This behavior might occur in situations where emotions are already running high and the process is moving very slowly.
Divorce is a process filled with complexities and potential dangers that can impact individuals on multiple levels. It is essential for individuals to make informed decisions, seek support from trusted sources and prioritize their safety throughout the process. Recognizing and addressing the associated risks can help to ensure a more secure transition to a new chapter in life.]]>