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Columbus Family Law Blog

How can a morality clause affect your personal life?

In a divorce, as in any contract, there are times when we allow boilerplate language to sneak in without much thought. It is easy to assume that if the contents of the langauge isn't relevant to us at the moment it wont matter in the future, but this assumption can sometimes wind up causing trouble later.

In other situations, a clause may have one purpose but wind up having a different effect down the road. In a recent child custody dispute, a woman has been ordered by a judge to stop living with her long-term partner because of a morality clause in her divorce papers.

Divorce trusts can act as prenup substitutes

For many Ohio couples, even those who are older or who have been married before, the prospect of asking a soon-to-be spouse to sign a prenup is pretty daunting. Although prenuptial agreements shouldn't send the message that one spouse is planning not to stay married forever, the attempt at asset protection can come off that way and cause discord before the marriage begins. 

There are some alternatives to a prenuptial agreement, such as signing a post-nup after the wedding when things have settled down. There is also something called a divorce trust, which combines elements of family law and estate planning to separate out marital assets that are subject to division and those that should not be.

Think you would never reunite with your ex?

After making the difficult decision to end a marriage, it can be hard to imagine having any kind of relationship with a soon-to-be-ex. However, there are a lot of circumstances in life that can mean it is necessary to maintain the relationship, such as having children together or co-owning a business.

And while the relationship may have gone sour for the foreseeable future, making living together and remaining married an undesireable option, maintaining a good working relationship through the divorce can help keep the door open to other types of relationships with an ex in the future.

Non-traditional custody arrangements becoming more common

The definition of a family has taken a signficant shift over the past generation, from the ideal of a nuclear family with two parents and two children, to a more complex family picture where grandparents, step parents, adoptive parents, and parents of half-siblings may all take an active role in the family. This also means that in the event of a divorce or a legal separation, there may be more than two options for who will care for the children on a regular basis and who might have a claim to custody.

One recent example that has been in the new quite a lot is that of Charlie Sheen's two ex-wives, Denise Richards and Brooke Mueller. Mr. Sheen children with each of them and pays individual child support, but recently Ms. Richards has undertaken care of both her and Ms. Mueller's children while Ms. Mueller seeks treatment for mental illness.

Man sues former fiancée over engagement ring ownership

A woman is being sued by her former fiancée after their engagement ended and she kept the ring. The two were engaged for about one month when they decided to call it off, but they never came to an agreement about who the rightful owner of a $10,000 engagement ring was.

Now the man is pursuing legal action to demand that she return it since his former fiancée has refused. In addition to asking for the engagement ring to be returned, the man would also like his ex to reimburse him for court costs and his attorneys fees, as well as punitive damages for the emotional difficulty of this ordeal.

Beyond child support, make a plan for college funds

Financial concerns can often become the focal point of a divorce proceeding. From asset division to child custody to figuring out what to do with a joint retirement account, there are a lot of complex issues to sort out and often there is no easy answer.

When the discussion begins about child custody and child support, the focus is frequently on the immediate needs of a child. Particularly for very young children, a central concern can be finding the funds to make sure that the child has some level of consistency and a shared custody or visitation schedule does not become a stressful experience. To that end, we often focus on things like transportation, child care, and remaining within reach of the same school that they have been attending. It can be hard, amidst this process, to remember to look further ahead and think about college.

Long distance custody disputes can be costly, stressful

Child custody disputes are difficult regardless of whether they are taking place. As many Ohio readers who have been through the process already know, the differences in lifestyle and schedule that may initially lead to a divorce do not go away when it is time to figure out a child custody agreement. There can be added stress when work or other factors result in a large distance between the two parents. 

This is the case in the ongoing child custody dispute between Gossip Girl actress Kelly Rutherford and her former husband, who is a German citizen. The actress recently told reporters that she is in serious financial distress after a judge ruled that the couple's two children would live with her ex-husband in Monoco. He is unable to return to the United States becuase his visa expired and Ms. Rutherford said that the expense of flying back and forth to see her children, along with legal fees, has put her near the brink of bankruptcy.

Man loses custody of son to an adoptive couple

When his sister spotted a familiar face, a man discovered he had a son.

What happened? His former partner had lied about the paternity of his son. After a DNA test was ordered, the paternity was confirmed. Now, he wanted child custody.

Changing attitudes contribute to higher rate of "grey" divorce

A recent study found that the divorce rate overall has remained steady but has doubled over the past 20 years for people who are over the age of 50. This phenomenon is often called "grey divorce" and now accounts for one out of every four divorces in the United States.

There are some explanations for the trend, including evolving attitudes on marriage and family and a more progressive view of the value of a good marriage versus any marriage at all. In previous generations, being single or divorced at an older age would have meant living out retirement alone, since there were many fewer single people in that age group. Now social networking, dating websites, and community groups help single adults find companionship, new friends, and often new relationships.

Dania Patrick is officially a single woman

Earlier this month, Danica Patrick's divorce from Paul Hospenthal was finalized. When the case was initiated, it was filed on the basis of an "irretrievably broken" marriage.

Patrick is a racecar driver. She was the first woman to win a Sprint Cup pole and lead cars at the Daytona 500. Now, there is talk about her new relationship with another professional motorist. However, like many other states, Arizona is a no-fault divorce state. Here, the parties agreed neither person was at fault for the relationship's demise.

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Paul R. Panico

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Columbus, OH 43221

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