Part 1: The Current Law On Dec. 8, 2021, Ohio House Bill 508 (HB 508)—which would make the presumed outcome in child custody matters that of Shared Parenting and an equal parenting time schedule—was introduced into the Ohio Legislature by Representatives Thomas West...
Content By Janet Stewart Scalley
Top 10 Tips to Prepare for the Divorce or Dissolution Process
As domestic relations attorneys, one of the questions that we hear most often from those contemplating ending their marriage to their spouse via divorce, dissolution or otherwise is some version of the following: “What can I do now in order to get ready for and...
Behind Closed Doors: An Examination of Domestic Violence in Ohio
The Ohio Domestic Violence Network (ODVN) recently released a sobering report on the number of fatalities that were reported in Ohio as a result of intimate partner relationship violence from July 1, 2020 through June 30, 2021 (the “2021 Report”). While the ODVN...
How Chapter 7 and Chapter 13 Bankruptcy Affect Debt Discharge in a Divorce or Dissolution
SERIES: Bankruptcy and Distressed Property in a Domestic Relations Matter Part 1- How Bankruptcy Affects Distressed Property in Divorce or Dissolution: The Basics Part 2- What is an Automatic Stay and How Does it Affect Divorce? YOU ARE HERE: Part 3- How Chapter 7 and...
What’s an Automatic Stay and Why Does It Matter in Bankruptcy and Divorce?
SERIES: Bankruptcy and Distressed Property in a Domestic Relations Matter Part 1- How Bankruptcy Affects Distressed Property in Divorce or Dissolution: The Basics YOU ARE HERE: Part 2- What is an Automatic Stay and How Does it Affect Divorce? Part 3- How Chapter 7...
How Bankruptcy Affects Distressed Property in Divorce or Dissolution: The Basics
SERIES: Bankruptcy and Distressed Property in a Domestic Relations Matter YOU ARE HERE: Part 1- How Bankruptcy Affects Distressed Property in Divorce or Dissolution: The Basics Part 2- What is an Automatic Stay and How Does it Affect Divorce? Part 3- How Chapter 7...
Ohio Supreme Court Decision Confirms Key Jurisdictional and Property Division Principles in Divorce Lawsuits
Background: Ostanek v. Ostanek The Ohio Supreme Court’s recent decision in Ostanek v. Ostanek, Case No. 2021-Ohio-2319 (“Ostanek”), although legally technical, serves as a good reminder of certain significant jurisdictional and property division principles in divorce...
Can Premarital Cohabitation & Prenups Impact Divorce Rates?
Although social scientists have been studying marital trends for decades, there is a notable component of these studies which is often less commonly-discussed—particularly, the relationship, if any, between premarital cohabitation and a subsequent termination of the...
DOL Withdraws Independent Contractor Final Rule, Signaling Substantial Shift from Trump Administration FLSA Policy
On May 5, 2021, the U.S. Department of Labor (DOL) officially announced the withdrawal of the Independent Contractor Final Rule (the “Final Rule”), which had been previously issued by the DOL in the final weeks of the Trump Administration. While the DOL’s withdrawal...
Ohio Supreme Court Finds Cognovit Note Enforceable Based on Intent
The Ohio Supreme Court’s recent decision in Sutton Bank v. Progressive Polymers, L.L.C., Case No. 2020-Ohio-5101 (Sutton) reaffirmed the enforceability of cognovit notes in Ohio. The Court confirmed that, although cognovit notes and their terms are to be strictly...