Columbus Ohio Family Law Attorneys

Law Offices of Virginia C. Cornwell

(614) 225-9316
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Columbus Ohio Divorce Lawyer on Divorce in Ohio Part 8: Will my husband or wife have to pay some or all of my attorney fees?

January 9, 2011

COLUMBUS OHIO DIVORCE LAWYERThis is the 8th installment in a series by Virginia Cornwell, a Columbus Ohio Divorce Attorney and Ohio State Bar Association Certified Family Relations Specialist.  Virginia is one of approximate 100 attorneys in Ohio to have received this honor.  This article is about the process and options for ending your marriage in Ohio, and about Ohio divorce laws.

Will my husband or wife have to pay some or all of my lawyer fees?

If you need a divorce, you will have to decide whether you are going to hire a lawyer.  That means you are going to have to think about how to pay for your lawyer.

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COLUMBUS OHIO DIVORCE LAWYERYou may be surprised to find out that once the divorce court makes a temporary restraining order, you may NOT use these resources to pay for your attorney fees:

  • Money that is in any type of account except a CHECKING account.  That means you cannot touch your retirement, certificates of deposit, money market accounts, savings accounts, etc.  Once the restraining order is in place, ONLY checking accounts are available to pay your attorney fees.
  • You cannot use a home equity line of credit or take any loans which are marital assets.
  • You cannot sell anything that is marital property.
  • You cannot take any loans, open any credit cards or incur any kind of debt in your spouse’s name or on your spouse’s credit.
  • Your spouse’s wages or earnings, unless they are deposited into a joint checking account

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COLUMBUS OHIO DIVORCE LAWYERYou MAY, however, use the following resources to pay your attorney fees after you have been served with a temporary restraining order:

  • Your wages
  • Money that you have in a checking account
  • Money from you withdrew from your retirement or borrowed against an asset before you were under a temporary restraining order
  • Loans (must be in your name only)
  • Credit Cards
  • Help from family members
  • Attorney fees that your spouse is ordered to pay by the court, and your spouse actually DOES pay them

 

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COLUMBUS DIVORCE ATTORNEYOf all of these resources, the last one, court ordered attorney fees, is the least reliable.  In general, Ohio domestic relations courts are very conservative when awarding attorney fees, especially at the beginning of the divorce case.  Your lawyer can file a motion asking the Court for attorney fees for Often, the amount of attorney fees ordered, is very low compared to the attorney fees you have incurred .  The first opportunity to ask the court for attorney fees comes when you file your initial divorce papers, but the first time the court actually considers awarding attorney fees is when the court makes Temporary Orders.  If temporary orders are not decided based upon the initial filing, temporary orders are usually decided at the first hearing, or after the parties file Temporary Orders Affidavits. In Franklin County, it is very common for the court to award NO attorney fees in temporary orders, and to reserve the matter for decision at the final hearing (trial).  Since more than 90% of divorce cases settle, that means that a large percentage of litigants do NOT get attorney fees unless their case goes to trial.  Ironically, many divorce cases settle because one party has control of the assets and income, and the other party can no longer afford to pursue their fair share.

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COLUMBUS DIVORCE ATTORNEYPoor planning for divorce can cost parties everything they hoped to have to start their new life.  Your initial retainer is NOT going to cover the cost of the whole divorce.  Don’t deposit that initial retainer and hope for the best – make a plan.  If you can’t afford to make a plan, then reconsider dissolution, or see if you qualify for help from the Legal Aid Society.  What you do NOT want to do is close your eyes and make a wish.  Make a plan, not a wish.

When Ohio courts award attorney fees in divorce cases, there are laws and regulations that govern their decisions, but the court still have a lot of discretion.

Upon motion of one of the parties, the court can order attorney fees at any time, and can rely on several sources of authority to do so:

  • The court’s general equitable powers, as set forth in Ohio Revised Code 3105.011
  • An Ohio Statute which specifically addresses attorney fees in divorce, dissolution, legal separation, or annulment cases, ORC 3105.73
  • Ohio Rule of Civil Procedure 75, which governs temporary orders
  • Ohio Rules of Civil Procedure 26-37, which governs discovery, and awards of attorney fees and expenses for failure to comply with discovery
  • Ohio Revised Code 3019.051(K) which REQUIRES a court to award reasonable attorney fees for contempt regarding visitation or parenting time
  • Rule 71 of The Rules of Superintendence for the Courts of Ohio, which governs reasonable attorney fees.

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You may also find some of these articles in our divorce series to be of interest:

  • Part 1: Conciliation or Legal Separation
  • Part 2: Dissolution or Uncontested Divorce
  • Part 3: Reasons to Choose Divorce
  • Part 4: Restraining Orders
  • Part 5: Where will you live?
  • Part 6:Paper Work
  • Part 7: Health Insurance
  • Part 8: Attorney Fees
  • Part 9: 5 Dirty Divorce Tricks
  • Part 10: 5 More Dirty Divorce Tricks
  • Part 11: Columbus Ohio Divorce Jurisdiction
  • Part 12: Columbus Ohio Professional Practice Divorce
  • Part 13: Military Divorce Jurisdiction – What State to File In
  • Series on Divorce Part 14: Interstate Divorce
  • Series on Divorce Part 15: Interstate Divorce and Child Custody
  • Series on Divorce Part 16: Psychological Evaluations in Ohio Divorce and Custody Cases
  • Series on Divorce Part 17: Divorce and Medical Practice Owners
  • Series on Divorce Part 18: Can you get a divorce or dissolution in Ohio while pregnant?
  • Series on Divorce Part 19: Separate Property
  • Series on Divorce Part 20: Average Cost of a divorce in Ohio

CALL NOW  (614) 225-9316

In addition to the other installments in this Divorce in Ohio Series (see links at top of the page), you may also find the following topics, which relate to divorce, to be helpful.

Adultery, Annulment, Alimony (Spousal Support), Best Interest of the Child, Child Custody, Child Custody Jurisdiction, Child Support (deviation), Child Support (how much), Child Support (how to pay), Child Support (lower), Child Support (myths), Child Support (resources), Child Support (sign up),Contempt, Dissolution, Divorce Basics, Divorce Myths, Foreclosure Mediation, Grandparents, Guardian ad Litem, House, How Long Your Divorce May Last, International Abduction,Legal Separation, Mediation, Moving, Packet of Forms vs. Getting a Lawyer, Prenuptial Agreements (Antenuptial Agreements), Shared Parenting,Temporary Orders, Temporary Orders Affidavits, Where to File for Divorce

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Columbus Ohio Divorce Lawyer on Divorce in Ohio Part 7: Preparing to File Divorce Papers

January 9, 2011

COLUMBUS OHIO DIVORCE LAWYERThis is the 7th installment in a series by Virginia Cornwell, a Columbus Ohio Divorce Attorney and Ohio State Bar Association Certified Family Relations Specialist.  Virginia is one of approximate 100 attorneys in Ohio to have received this honor.  This article is about the process and options for ending your marriage in Ohio, and about Ohio divorce laws.

DO NOT CANCEL YOUR SPOUSE OR CHILD’S HEALTH INSURANCE!

This is something that that people sometimes do because they are mad at their spouse.  In Ohio, this is a really, really, really expensive and unwise mistake.  If you to plan to cancel your spouse’s health insurance immediately prior to or during a divorce, you might as well start signing blank checks and start looking for a nice size refrigerator box to live in when the divorce is over.

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COLUMBUS OHIO DIVORCE LAWYEROhio Revised Code 3105.71 prohibits the person who is the “named insured” on an insurance policy (if the policy is through a job, then that would be the person who has the job which provides the health insurance) from cancelling health insurance immediately prior to filing  for divorce, dissolution, annulment or legal separation, or while the case is pending.  This applies until the court determines who will provide health insurance for the spouse and children.

If you DO cancel your spouse or child’s health insurance during a divorce, or immediately prior to divorce, without the court’s permission to do this, Ohio Revised Code 3105.71 REQUIRES the court to order you to do the following:

  • Pay your spouse the amount of any premiums that you failed to pay
  • Reimburse your spouse for any hospital, surgical and medical expenses incurred as a result of your failure to keep the insurance (and remember, those services would have been provided at the UNINSURED price)
  • If you fail to comply with the two provisions above, the court must order your employer to deduct the amounts from your wages

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(B) If the party responsible for providing health insurance coverage for that party’s spouse and dependents under division (A) of this section fails to provide that coverage in accordance with that division, the court shall issue an order that includes all of the following:

(1) A requirement that the party make payment to that party’s spouse in the amount of any premium that party failed to pay or contribution that party failed to make that resulted in that party’s failure to provide health insurance coverage in compliance with division (A) of this section;

(2) A requirement that the party make payment to that party’s spouse for reimbursement of any hospital, surgical, and medical expenses incurred as a result of that party’s failure to comply with division (A) of this section;

(3) A requirement that, if the party fails to comply with divisions (B)(1) and (2) of this section, the employer of the party deduct from the party’s earnings an amount necessary to make any payments required under divisions (B)(1) and (2) of this section.

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If you are on the receiving end of this issue, and your health insurance was cancelled by your spouse right before or during a divorce, and the court had not made orders which allowed him or her to cancel your coverage, in addition to the rights above, you can apply to the insurer for coverage for yourself and your dependents.  Ohio Revised Code 3105.71 says that you “have the same rights and be subject to the same limitations as a person applying for or covered under a converted or separate policy under section 3923.32 of the Revised Code upon the divorce, annulment, dissolution of marriage, or the legal separation of the spouse from the named insured.”

COLUMBUS OHIO DIVORCE LAWYERIn addition to the penalties the law REQUIRES the court to do, you should think about all the things the court MAY do, but is not required to.  For instance, if you cancelled your spouse or children’s health insurance because you are mad, you have now put yourself in a special category in the court’s mind – a person who will do ANYTHING to get even with their spouse, and who needs a lot of court orders to make sure they meet their financial obligations.   This can play out with some pretty unpleasant results such as:

  • Your child support obligation (if any) is higher because you might not pay for anything that you have discretion to pay or not pay for
  • Your spousal support (or alimony) is higher, because the court may not trust you to follow court orders for payments, and therefore concludes that it is best that the money come straight out of your paycheck
  • When dividing property, the court may choose to give your spouse assets that are more liquid in fear that you will devalue property that must be sold
  • When deciding whether to award or not award attorney fees to your spouse, the court may believe that you increased attorney fees with your behavior, and be more likely to award attorney fees to your spouse.

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None of these are a good result.  So remember – do NOT cancel your spouse or your child’s health insurance right before divorce, or during divorce, without the permission of the court.

You may also find some of these articles in our divorce series to be of interest:

  • Part 1: Conciliation or Legal Separation
  • Part 2: Dissolution or Uncontested Divorce
  • Part 3: Reasons to Choose Divorce
  • Part 4: Restraining Orders
  • Part 5: Where will you live?
  • Part 6:Paper Work
  • Part 7: Health Insurance
  • Part 8: Attorney Fees
  • Part 9: 5 Dirty Divorce Tricks
  • Part 10: 5 More Dirty Divorce Tricks
  • Part 11: Columbus Ohio Divorce Jurisdiction
  • Part 12: Columbus Ohio Professional Practice Divorce
  • Part 13: Military Divorce Jurisdiction – What State to File In
  • Series on Divorce Part 14: Interstate Divorce
  • Series on Divorce Part 15: Interstate Divorce and Child Custody
  • Series on Divorce Part 16: Psychological Evaluations in Ohio Divorce and Custody Cases
  • Series on Divorce Part 17: Divorce and Medical Practice Owners
  • Series on Divorce Part 18: Can you get a divorce or dissolution in Ohio while pregnant?
  • Series on Divorce Part 19: Separate Property
  • Series on Divorce Part 20: Average Cost of a divorce in Ohio

CALL NOW  at (614) 225-9316

In addition to the other installments in this Divorce in Ohio Series (see links at top of the page), you may also find the following topics, which relate to divorce, to be helpful.

Adultery, Annulment, Alimony (Spousal Support), Best Interest of the Child, Child Custody, Child Custody Jurisdiction, Child Support (deviation), Child Support (how much), Child Support (how to pay), Child Support (lower), Child Support (myths), Child Support (resources), Child Support (sign up),Contempt, Dissolution, Divorce Basics, Divorce Myths, Foreclosure Mediation, Grandparents, Guardian ad Litem, House, How Long Your Divorce May Last, International Abduction,Legal Separation, Mediation, Moving, Packet of Forms vs. Getting a Lawyer, Prenuptial Agreements (Antenuptial Agreements), Shared Parenting,Temporary Orders, Temporary Orders Affidavits, Where to File for Divorce

CALL NOW  at (614) 225-9316

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Columbus Ohio Divorce Lawyer on Divorce in Ohio Part 6: Preparing to File Divorce Papers

January 9, 2011

COLUMBUS OHIO DIVORCE LAWYERThis is the 6th installment in a series by Virginia Cornwell, a Columbus Ohio Divorce Attorney and Ohio State Bar Association Certified Family Relations Specialist.  Virginia is one of approximate 100 attorneys in Ohio to have received this honor.  This article is about the process and options for ending your marriage in Ohio, and about Ohio divorce laws.

CHECKLIST OF DOCUMENTS YOU NEED TO PREPARE TO FILE DIVORCE PAPERS

COLUMBUS OHIO DIVORCE LAWYERDOCUMENTS THAT ALREADY EXIST AND YOU NEED TO GATHER

If you are going to file divorce papers, there are certain documents you will need to gather.  If you are trying to handle your divorce yourself, you will need them, and if you are hiring a Columbus Ohio Divorce Lawyer, you will need to give these documents to your attorney.  If you have decided to move out of the house or apartment where you and your spouse lived together, you will need to gather these documents before you leave. You may not be able to find all of them, but get as many of them as you can:

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  • COLUMBUS DIVORCE LAWYERYour marriage certificate
  • Tax returns (both business and individual) for the last 3 years for you, your spouse and your business.  This should include Federal, State, and Local tax returns
  • Paycheck stubs for the last year for both you and your spouse
  • Statements for the last year for all accounts you or your spouse had at any bank, credit union, investment firm or a similar institution
  • Documents regarding any stocks, bonds, treasury bonds, certificates of deposit, stock options etc. that you or your spouse own
  • Documents regarding any retirement accounts, pensions, annuities, deferred compensation accounts, IRAs, Keoghs, 401(K) plans, 403B plans, and any similar account which you or your spouse have.  Do NOT forget to include any plan that they have with a past employer that has not been rolled over.  If any loans or withdrawals have been taken against any of these accounts, bring that information too.
  • COLUMBUS DIVORCE LAWYERSocial Security annual statements for you and your spouse for the last three years
  • Information regarding any post office boxes you or your spouse has
  • Information regarding any lock boxes or safe deposit box you or your spouse have at banks or other places, and the place where they are located (and a list of what is contained, or what you THINK is contained in each box)
  • Information regarding any storage units you or your spouse own (and a list of what is contained, or what you THINK is contained in each storage unit)

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COLUMBUS DIVORCE ATTORNEY

  • Information regarding any real estate you or your spouse own, including purchase documents, deeds, mortgages, taxes, insurance, etc.
  • Information regarding any life insurance policies you or your spouse have, along with statements showing the cash value, if any
  • Information regarding ANY insurance policy you have
  • Information regarding any trusts you or your spouse have created or are a beneficiary of
  • Originals or copies of the Will of you and your spouse
  • Originals or copies of any Powers of Attorney or Health Care directives of you and your spouse
  • Any Prenuptial Agreements / Antenuptial Agreements / Prenup that you and your spouse signed (and any related document, if any, that you signed later which might modify this agreement)
  • Any Separation Agreements which you or your spouse signed
  • Any document you and your spouse wrote in anticipation of divorce
  • Any e-mails, texts or correspondence which you think is relevant to the divorce

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  • COLUMBUS OHIO DIVORCE ATTORNEYAppraisals of any real estate, automobiles, jewelry, antiques, coins, boats or ANY other property that you own (if you already have them – you do not have to get these things appraised before you file for divorce)
  • Copies of  any health insurance policies and insurance cards that any member of your family is covered under, including your children.  This includes medicaid, Caresource, etc.
  • Originals if possible, or copies of the birth certificates of yourself and your children
  • Originals, if possible, or copies of titles to any vehicles, boats, motorcycles, recreational vehicles that you own
  • Originals, if possible, or copies of passports for yourself and your children.
  • Documentation regarding any workers compensation or personal injury claims you or your spouse are or have been involved in

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DIVORCE LAWYERDocumentation regarding any criminal cases you or your spouse have been involved in, even if you were not arrested and were not convicted, but were simply charged or investigated

  • Documentation regarding any Childrens Services case you or your spouse have been involved in (if you have it), even if it did not relate to the children of THIS marriage, and even if the case was ultimately dismissed
  • Documentation regarding any health condition that effects you or your children (NOTE: your spouse’s health information may be protected by HIPAA, and you should not take this without your spouse’s consent)
  • DIVORCE ATTORNEYSCopies of any child support orders which you or your spouse are obligated to pay for children which are NOT children of this marriage
  • If you have been married before or have court papers regarding children with another person, you need to give copies of these documents to your Columbus Ohio Divorce Lawyer

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  • COLUMBUS OHIO DIVORCE LAWYERCopies of monthly statements for the last year of ALL debts and bills that you owe.  This should include EVERYTHING, such as:
  • Credit card statements
  • Auto Loans
  • Mortgages
  • Insurance bills (home, auto, life, health)
  • Tax bills (both past due and ones that aren’t due yet, including income tax, property tax, etc.)
  • Student Loans
  • Equity and Line of Credit Loans
  • Unsecured Loans
  • Promissory Notes or other documents regarding any money that you owe to friends or family
  • Organization or Membership dues (professional associations, country clubs, anything that you pay dues for)
  • Union Dues
  • Subscriptions
  • Unpaid health care expenses
  • Child Care bills, statements or receipts
  • Utility bills
  • Anything else that you owe money for

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  • Documentation regarding any other debt or asset which you or your spouse has which is not described above
  • Photographs that you want to keep.  These do not need to be provided to your Columbus Ohio Divorce Lawyer unless you think they are relevant to the divorce case.  Unfortunately, sometimes spouses who have possession of the photographs will not share them with the other spouse, even if ordered to do so by a court.  Therefore you may want to consider either dividing up the photographs and putting your half in a safe place, or having them all duplicated so both husband and wife can have a copy.

DOCUMENTS THAT YOU NEED TO CREATE

  • A timeline with a description of any events which you believe are significant to the divorce.  The timeline should include the date the event happened (as close as you can get, if you don’t know the exact date, what happened, who can testify about it (saw or heard it themselves), and what evidence proves it.  List everything that is important, even if you don’t know how you can prove it.
  • A list of persons that your Columbus Ohio Divorce Lawyer should speak to, and what it is that you think each person would say if they had to testify under oath.
  • A list of all the persons that you think would testify on behalf of your spouse in a divorce, and what you think they would say, even if you think they would not be telling the truth.
  • A list of all property that you own
  • A list of all debts that you owe
  • A list of all the contents of your house
  • A list of items which you or your spouse have in a safe, safe deposit box, etc.
  • A list of items which you or your spouse have in any storage units
  • A list of items which you or your spouse owned before marriage, received as an inheritance, or was a gift solely to you or solely to your spouse
  • A list of all items which believe your spouse may have transferred to, hidden or given to someone else in preparation for divorce
  • A detailed budget.  Really detailed, not just bare bones.  Look at what you spent money on for the last year, and then average it out over 12 months.  A budget is important to both temporary orders and spousal support.  You need to have a detailed budget if you anticipate being either the recipient or payor of spousal support.

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ADDITIONAL DOCUMENTS THAT BUSINESS OWNERS WILL NEED TO GATHER

If you own a business, and that business earns substantial income, then your business may need to be valued as part of your divorce.  Many business owners think that their business has no value because THEY are the business.  This may be true.  Not all businesses have value substantial enough to pay a valuation expert or to litigate over, but some businesses do.  To start with, you will need to give to your Columbus Ohio Divorce Lawyer all the same documents that you provide to your accountant each year to do your taxes.  You will probably need additional documentation if your business is to be valued by an expert.  To see what types of documents a business valuation analyst would need to see, click here.

When gathering these documents it is IMPORTANT to remember that you are NOT trying to “grab the documents and run”.  Your spouse needs access to all the same information that you do for the divorce, and they will get the information eventually.  If you make it expensive for your spouse to get the information because you would not share it, then the court may order you to reimburse both your spouse and his or her lawyer for that expense.  The better practice is to gather the information and either make copies for your spouse, or give the originals to your Columbus Ohio Divorce Lawyer and have them provide a copy to your spouse’s Columbus Ohio Divorce Lawyer.

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You may also be interested in some of our divorce articles:
  • Part 1: Conciliation or Legal Separation
  • Part 2: Dissolution or Uncontested Divorce
  • Part 3: Reasons to Choose Divorce
  • Part 4: Restraining Orders
  • Part 5: Where will you live?
  • Part 6:Paper Work
  • Part 7: Health Insurance
  • Part 8: Attorney Fees
  • Part 9: 5 Dirty Divorce Tricks
  • Part 10: 5 More Dirty Divorce Tricks
  • Part 11: Columbus Ohio Divorce Jurisdiction
  • Part 12: Columbus Ohio Professional Practice Divorce
  • Part 13: Military Divorce Jurisdiction – What State to File In
  • Series on Divorce Part 14: Interstate Divorce
  • Series on Divorce Part 15: Interstate Divorce and Child Custody
  • Series on Divorce Part 16: Psychological Evaluations in Ohio Divorce and Custody Cases
  • Series on Divorce Part 17: Divorce and Medical Practice Owners
  • Series on Divorce Part 18: Can you get a divorce or dissolution in Ohio while pregnant?
  • Series on Divorce Part 19: Separate Property
  • Series on Divorce Part 20: Average Cost of a divorce in Ohio

In addition to the other installments in this Divorce in Ohio Series (see links at top of the page), you may also find the following topics, which relate to divorce, to be helpful.

Adultery, Annulment, Alimony (Spousal Support), Best Interest of the Child, Child Custody, Child Custody Jurisdiction, Child Support (deviation), Child Support (how much), Child Support (how to pay), Child Support (lower), Child Support (myths), Child Support (resources), Child Support (sign up),Contempt, Dissolution, Divorce Basics, Divorce Myths, Foreclosure Mediation, Grandparents, Guardian ad Litem, House, How Long Your Divorce May Last, International Abduction,Legal Separation, Mediation, Moving, Packet of Forms vs. Getting a Lawyer, Prenuptial Agreements (Antenuptial Agreements), Shared Parenting,Temporary Orders, Temporary Orders Affidavits, Where to File for Divorce

DISCLAIMER – Read it, it’s important!

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Columbus Ohio Divorce Lawyer on Divorce in Ohio Part 5: Preparing to File Divorce Papers

January 9, 2011

COLUMBUS OHIO DIVORCE LAWYERThis is the 4th installment in a series by Virginia Cornwell, a Columbus Ohio Divorce Attorney and Ohio State Bar Association Certified Family Relations Specialist.  Virginia is one of approximate 100 attorneys in Ohio to have received this honor.  This article is about the process and options for ending your marriage in Ohio, and about Ohio divorce laws.

COLUMBUS DIVORCE LAWYERIn addition to making any necessary safety preparations and preparing for temporary restraining orders, you will need to think about where you are going to live during the divorce, prepare for some unpleasant realities associated with the initial stages of divorce, and gather information you will need to have available to you during the divorce.

WHERE ARE YOU GOING TO LIVE DURING THE DIVORCE?

Generally, both Husband and Wife are allowed to live in the marital home while the divorce is pending.  Civil Rule 75 gives the court the authority to enter temporary orders regarding spousal support and the expenses of the parties during the litigation.  In addition, Civil Rule 75 gives the court the authority to make orders regarding the support, maintenance, and allocation of parental rights and responsibilities for the care of children of the marriage.  It does NOT however, give the court the authority to make orders regarding the use of property during the divorce.  Attorneys sometimes file what is called  a “Motion for Beneficial Use” of the house or a certain vehicle, but it has been a long time since I have seen a court grant the motion without the parties’ agreement.  In theory, it is possible a court can still make such orders under its general equitable powers, but many judges and magistrates are reluctant to do so, and for good reason.

OHIO DIVORCE ATTORNEYOhio Revised Code 3105.171 requires a court to divide the property of the parties in a divorce, but the statute requires the court to FIRST determine which property is marital property and which property is separate property.   This is something the court does at the end of the case, after parties have presented evidence at a trial.  Although ORC 3105.171(J) states that the court may make “An order granting a spouse the right to use the marital dwelling or any other marital property or separate property for any reasonable period of time”, that section does not excuse the court from the requirement to first determination what is marital property and what is separate property, and the court cannot do this without evidence.

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In addition, Ohio Revised Code 3103.04 states: “Neither husband nor wife has any interest in the property of the other, except as mentioned in section 3103.03 of the Revised Code, the right to dower, and the right to remain in the mansion house after the death of either. Neither can be excluded from the other’s dwelling, except upon a decree or order of injunction made by a court of competent jurisdiction.”  Those two sentences seem to contradict each other, but when you look at how that law is actually applied, it usually is applied only to the marital residence.  If one party moves out of the marital residence and and leases an apartment or another residence, I have never yet seen a court use 3103.04 as authority for one spouse to come to the new residence without the invitation of the other or a court order for exchange of children.  In addition, for a spouse who is currently in a divorce to attempt to gain entry to his or her spouse’s new residence, or be present on those premises without invitation may give a court just cause for entering a Domestic Violence Protection Order.  Even though Ohio courts do not make orders for beneficial use of property as often as they used to, they still enter Domestic Violence Protection Orders.  For all the reasons stated above, although courts may be reluctant to make contested orders regarding beneficial use of residences or property, there is a very good reason not to the put the court in that position.

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DIVORCE LAWYER INMoving out of the marital residence does NOT mean that you are abandoning your legal interest in the home.  However, if you have children, if at all possible, you should find a home located in a place where the children will not have to switch schools.  This is not always possible, but significant effort should be expended before you give up on this idea.  Children in divorce experience so much stress, and retaining at least some things that are familiar to them will make things easier for the children.

Sometimes, for financial reasons,  it is not always possible to obtain a new residence of your own.  Some people must continue to live in the marital residence during the divorce, and others are required to move in with relatives for a period of time.  You must consider what is right for you, and if you have children, what is best for them.  If there are children in the marriage, the father away you move from the other parent, the more details you will have to either work out or have a court decide, and the more opposed the other parent will be to the decision.  You also need to think about what impact Temporary Restraining Orders may have on your decisions.

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You may be interested in some of our other divorce articles:

  • Part 1: Conciliation or Legal Separation
  • Part 2: Dissolution or Uncontested Divorce
  • Part 3: Reasons to Choose Divorce
  • Part 4: Restraining Orders
  • Part 5: Where will you live?
  • Part 6:Paper Work
  • Part 7: Health Insurance
  • Part 8: Attorney Fees
  • Part 9: 5 Dirty Divorce Tricks
  • Part 10: 5 More Dirty Divorce Tricks
  • Part 11: Columbus Ohio Divorce Jurisdiction
  • Part 12: Columbus Ohio Professional Practice Divorce
  • Part 13: Military Divorce Jurisdiction – What State to File In
  • Series on Divorce Part 14: Interstate Divorce
  • Series on Divorce Part 15: Interstate Divorce and Child Custody
  • Series on Divorce Part 16: Psychological Evaluations in Ohio Divorce and Custody Cases
  • Series on Divorce Part 17: Divorce and Medical Practice Owners
  • Series on Divorce Part 18: Can you get a divorce or dissolution in Ohio while pregnant?
  • Series on Divorce Part 19: Separate Property
  • Series on Divorce Part 20: Average Cost of a divorce in Ohio

CALL NOW  (614) 225-9316 

For information regarding who gets the house AFTER divorce, see the following article on our web site:  https://cornwell-law.com/10/who-gets-the-house-10-things-you-need-to-know-about-what-happens-to-your-house-in-an-ohio-divorce/.

In addition to the other installments in this Divorce in Ohio Series (see links at top of the page), you may also find the following topics, which relate to divorce, to be helpful.

Adultery, Annulment, Alimony (Spousal Support), Best Interest of the Child, Child Custody, Child Custody Jurisdiction, Child Support (deviation), Child Support (how much), Child Support (how to pay), Child Support (lower), Child Support (myths), Child Support (resources), Child Support (sign up),Contempt, Dissolution, Divorce Basics, Divorce Myths, Foreclosure Mediation, Grandparents, Guardian ad Litem, House, International Abduction,Legal Separation, Mediation, Moving, Packet of Forms vs. Getting a Lawyer, Prenuptial Agreements (Antenuptial Agreements), Shared Parenting,Temporary Orders, Temporary Orders Affidavits, Where to File for Divorce

CALL NOW (614) 225-9316 

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Columbus Ohio Divorce Lawyer on Divorce in Ohio Part 4: Preparing to File Divorce Papers

January 9, 2011

This is the 4th installment in a series by Virginia Cornwell, a Columbus Ohio Divorce Attorney and Ohio State Bar Association Certified Family Relations Specialist.  Virginia is one of approximate 100 attorneys in Ohio to have received this honor.  This article is about the process and options for ending your marriage in Ohio, and about Ohio divorce laws.

The other articles in the series can be seen here:

  • Part 1: Conciliation or Legal Separation
  • Part 2: Dissolution or Uncontested Divorce
  • Part 3: Reasons to Choose Divorce
  • Part 4: Restraining Orders
  • Part 5: Where will you live?
  • Part 6:Paper Work
  • Part 7: Health Insurance
  • Part 8: Attorney Fees
  • Part 9: 5 Dirty Divorce Tricks
  • Part 10: 5 More Dirty Divorce Tricks
  • Part 11: Columbus Ohio Divorce Jurisdiction
  • Part 12: Columbus Ohio Professional Practice Divorce
  • Part 13: Military Divorce Jurisdiction – What State to File In
  • Part 14: Interstate Divorce Jurisdiction

When you have decided to end your marriage, and have concluded that divorce is your best option, there are some things you need to think about before you file your divorce papers.

CALL NOW  at (614) 225-9316

SAFETY FIRST

If domestic violence has been part of the history of your marriage, or if you have ANY doubt as to whether you will be safe when your spouse learns you have filed divorce papers, you need to make a safety plan for yourself, and if applicable, your children.  This applies to husbands as well as to wives.  If your safety and/or the safety of your children was threatened, you should consider seeking a Domestic Violence Protection Order, also known as a Civil Protection Order.  It is IMPORTANT to note that these protection orders are ONLY for instances when you have been threatened or have been a victim of domestic violence.

A Domestic Violence Protection Order is not something you request simply because your spouse might be angry when they learn you have filed for divorce.  It is not a tool to be used to gain custody of the children or exclusive use of the marital home.   Domestic Violence Protection Orders are for victims of domestic violence.  To read more about domestic violence, click this link to see our post regarding Domestic Violence.

CALL NOW  at (614) 225-9316

TEMPORARY RESTRAINING ORDERS

Ohio Rule of Civil Procedure 75 gives the court the authority, in divorce, annulment or legal separation proceedings, to enter temporary restraining orders.  In some counties Temporary Restraining Orders are automatically made by the court when a divorce case is filed, and they are effective upon both the husband and wife.  In other counties, Temporary Restraining Orders are part of the county’s local rules or procedure, and are automatically in effect when the Complaint for Divorce is filed, again, effective against both the husband and the wife.  In Franklin County, either you or your Columbus Ohio Divorce Lawyer must file a Motion and Affidavit asking for the Temporary Restraining Order, and submit a proposed Entry to the Judge for signature, and the restraining order is only in effect upon one party (each party must seek their own temporary restraining order against the other).

CALL NOW  at (614) 225-9316

These temporary restraining orders are designed to “keep the peace” while the divorce case is pending.  Typically, they prohibit one or both parties from doing the following:

  • from withdrawing money from ANY account except a checking account (this means you can’t withdraw from a savings account, money market account, your retirement, or any other source of funds you may need access to during the divorce)
  • disposing of (selling, giving away, destroying, etc.) or hiding property
  • incurring debt and securing it with property (for example, a mortgage, equity line of credit or a secured loan)
  • incurring debt in the other party’s name or on their credit
  • physically abuse, harass, annoy or bodily injure the other party
  • permanently removing the parties’ minor child(ren) from the state

CALL NOW  at (614) 225-9316

Depending on your county’s procedure, this restraining order may become effective upon YOU at the same time it becomes effective on the other party.  That means you will not have access to any funds except funds in a checking account.  In addition, if the only checking accounts you have are joint checking accounts, your spouse has the legal right to drain the entire account.  You are going to need a checking account, in your own name, to use while you are going through the divorce.  In addition, if you have assets which you will need to access during the divorce, you are going to need to put them in a place where they will be accessible during the divorce – a checking account.  If you need to take loans to help pay for your divorce, you are going to need to take them BEFORE either party files for divorce, because if you do so after you are under a temporary restraining order, you will have violated a court order and be subject to contempt of court.  In addition, when one party files for divorce, BOTH of your credit scores are likely to drop, making credit more expensive.

CALL NOW  at (614) 225-9316

Keep in mind, preparing for temporary restraining orders is NOT about hiding money.  Wherever you open your new checking account, and any money that you put in your new checking account will need to be disclosed when you file for divorce.  It’s not about hiding money, it’s about having it available when you need it.

In addition to the other installments in this Divorce in Ohio Series (see links at top of the page), you may also find the following topics, which relate to divorce, to be helpful.

Adultery, Annulment, Alimony (Spousal Support), Best Interest of the Child, Child Custody, Child Custody Jurisdiction, Child Support (deviation), Child Support (how much), Child Support (how to pay), Child Support (lower), Child Support (myths), Child Support (resources), Child Support (sign up),Contempt, Dissolution, Divorce Basics, Divorce Myths, Foreclosure Mediation, Grandparents, Guardian ad Litem, House, International Abduction,Legal Separation, Mediation, Moving, Packet of Forms vs. Getting a Lawyer, Prenuptial Agreements (Antenuptial Agreements), Shared Parenting,Temporary Orders, Temporary Orders Affidavits, Where to File for Divorce

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READ THIS BEFORE YOU READ OUR WEB SITE

1. This site applies to the state of Ohio and matters of federal law only.
2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.
3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

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Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation
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  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

Ohio State Bar Association Certified Family Relations Specialist

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  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
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  • LGBT Family Law (6)
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  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535