Mowery Youell & Galeano, Ltd.
Mowery Youell & Galeano, LTD. Attorneys at Law
485 Metro Place South, Suite 220 Dublin, OH 43017
614-467-4923
Menu Contact
View Practice Areas

Columbus Legal Blog

Minimizing the traumatic impact of divorce on children

Negotiating a divorce settlement usually involves dealing with delicate issues such as property division and spousal support, but even spouses in Ohio and around the country who become heated during these discussions are often able to look beyond their differences when the issues of child custody and visitation arrangements come up. Parents generally want their children to be happy and thrive, and this outcome becomes more likely when divorcing parents are able to tolerate minor failings and frustrations and accept that their former spouses are acting with the best of intentions.

A great deal of research has been conducted into the traumatic impact that a divorce can have on children, and most experts now agree that co-parenting child custody solutions should be pursued whenever possible. When both parents lay down similar rules and expectations are consistent, children know where they stand and are less likely to be manipulative or take sides.

The importance of avoiding divorce mistakes

More people in Ohio and throughout the country file for divorce in January than at other times of the year. Many people wait to file for divorce until after the holidays are over, but before they do, it is important for them to consider several things so that they can avoid some common mistakes.

According to the American Academy of Matrimonial Lawyers, divorce filings increase by about 25 to 30 percent every year in January. People may file because of the emotional and financial stress that is involved with the holidays. They might want to wait to make certain that getting divorced is really what they want to do. It is also important for people to not file for divorce solely because they are angry. Instead, it is important for them to consider the reasons that they are thinking about divorcing and to make certain that the reasons are logical ones rather than emotional reactions.

New regulations on child support and incarceration

Unlike some other states, Ohio does not consider incarceration "voluntary unemployment" and deny inmates the right to file for a child support modification on those grounds. On Dec. 19, the Obama administration issued regulations that will require all states to allow this modification.

The regulations are part of the administration's overall prison reform efforts. One of the issues with not allowing prisoners to reduce their child support obligations is that the result is often not payment by but reincarceration of the parent due to child support debts. In 2010, the Obama administration found that federal inmates owed an average of almost $24,000 in child support payments. Of the 51,000 who had child support obligations, over half had fallen behind.

Getting a divorce after being married for decades

For many older Ohio couples, getting a divorce later in life is becoming more common. There are many reasons this might occur. For example, the kids may have left the home and the couple realizes they are no longer in love with each other. Irreconcilable differences can drive couples apart even if they have been married for decades. Additionally, getting a divorce has become much more acceptable than it was a decade or two ago.

If a couple who has been married for decades decides to split, understanding the state of their finances is of the most importance. If the former couple was living on just one income, that income must now be stretched for two separate households. Each person may have to sell some marital property, including the family home. Under some circumstances, they may also be able to piggyback off of their former partner's Social Security earnings history when it comes to drawing benefits.

What happens when one parent moves after a divorce

Many Ohio divorced couples with young children are able to co-parent after working out a schedule that works for everyone involved. If one such parent decides to move to another town the parenting arrangements can get a lot more complicated. The schedule usually must be changed to accommodate one parent's move, and these changes could cause the other to get resentful.

Custodial parents may decide to move to a different town because they got a new job or met a new love interest. Whatever the reason for the move, it could result in a longer school commute time for the childs. Because of the extra drive time between homes, the noncustodial parent may end up having less time with their child due to schedule modifications. There are also many cases where the parent who stayed refuses to drive their child all the way to the other parent's new home.

Child support participation has fallen

Many Ohio parents are raising their children alone. While a majority of absent parents do pay support for their children, a sizable minority do not. The problem is prevalent both in the state as well as in the rest of the country, and it has worsened over time. 

Today, 40 percent of children are born to parents who are not married. By contrast, a third of children who were born in 2000 were born to unmarried parents. Parents who are single are less likely to have good incomes, and their children are three times as likely to be poor than are their peers.  

Study shows that more millennials are agreeing to prenups

Residents of Ohio who are planning a wedding may be considering a prenuptial agreement. According to a study from the American Academy of Matrimonial Lawyers (AAML), more millennials are entering into prenup agreements than their counterparts from previous generations. People may choose to get a prenup if they have a significant amount of wealth prior to the marriage. Because members of the millennial generation are, on average, getting married at a later age than previous generations, they have often accumulated more assets by the time they tie the knot.

Businesses owners may be especially interested in getting prenuptial agreements as they will want to ensure that they can retain ownership of their enterprises in the event of a divorce. Signing a prenuptial agreement can offer a number of other benefits as well. A prenup can make the process of divorce simpler, which will save both parties money. In some cases, a prenup may stipulate that the spouses enter marriage counseling for a certain period of time before getting divorced. This can help prevent divorces altogether.

Divorce rate lower while marriage rates increase

Ohio residents may be encouraged by new data from the National Center for Family and Marriage Research. It shows that marriage rates have increased while divorce rates have dropped. In 2015, there were 32.2 marriages for every 1,000 women aged 15 and older who were unmarried. This is an increase from 31.9 in 2014, and it represents the largest number of marriages since 2009. In 2015, the divorce rate was 16.9 divorces per 1,000 married women aged 15 and older.

This is down from a peak of 23 divorces per 1,000 married women 15 and older in 1980. It is important to note that the declining divorce rate and increasing marriage rates are not necessarily correlated. It is believed that divorce rates may be falling as cohabitation becomes a more acceptable alternative to marriage. Younger people waiting longer to get married may also explain the decrease in divorce rates.

Paying off student loans after divorce

If an Ohio resident takes out a student loan after getting married, it is possible that the debt will be considered shared marital property if the two divorce. However, if the loan is from before the marriage, it will probably remain the responsibility of the person who incurred it.

Some couples who got married prior to 2006 consolidated their student loans because it gave them a lower interest rate. However, if they now get a divorce, then the loans may be considered the responsibility of both of them, and if one spouse does not pay their share, the other will be responsible for it. Couples should discuss their current and prospective student loan debts with one another before they get married, and they might want to create a prenuptial agreement that makes a plan for dealing with them in case of divorce.

These honors are evidence of the quality of counsel we are known for:

Email Us Today

Contact Our Attorneys Advanced Employment Law For The Columbus Area, With Offices In Dublin

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

MOWERY YOUELL & GALEANO, Ltd.
485 Metro Place South, Suite 220
Dublin, OH 43017

Toll Free: 888-401-2692
Phone: 614-467-4923
Fax: 614-760-8654
Dublin Law Office Map

Review Us
office pin
Back to top