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Columbus Divorce Law Blog

Ricki Lake’s husband challenges their prenup

In many divorces through the state of Ohio, there may be one spouse that is significantly better off than the other. So it is understandable that the lower-income spouse may have fears about divorcing, since they may worry that they will be left with little financial security.

Thankfully, that is where spousal support comes into play. Judges will award alimony based on certain factors, including the income of each spouse, the length of the marriage and any financial needs involved. Spousal support may be provided long term or just to help the lower-income spouse transition.

Working toward drama-free child custody discussions

It really depends on the couple involved, but sometimes it is really hard to keep drama out of the courtroom when it comes to divorce. No matter the issue – alimony, property division or child custody – spouses may try to introduce damaging details in order to get a ruling in their favor.

While this reality may scare people as they start the divorce process, it is good to remember that professionals can often sort out fact from fiction.

Ohio considers law requiring lawmakers to take drug tests

Ohio is one of several states that are currently considering laws that would mandate drug testing for welfare recipients. Ohio lawmakers in support of the bill say that it would help prevent taxpayer dollars from going to drug dealers.

As a follow-up to that proposal, another bill has been introduced that would require state lawmakers to also submit to drug testing. The bill, which is currently being considered by the Ohio Senate, would implement annual drug tests as well as random drug tests state senators and representatives. 

We help dads fight for the parental rights they deserve

In our last post, we discussed how a group called the National Parents Organization has been advocating nationally for 50-50 shared parenting arrangements to become the presumption in state courts. The group admitted that it is facing an uphill battle, largely because many judges still hold the antiquated belief that mothers are better parents.

Unfortunately, this includes some judges in Ohio and West Virginia, which means many fathers in our area also face an uphill battle in child custody matters. For that reason, it’s extremely important for dads to be represented by family law attorney who know how to fight for their rights. This is especially true for unmarried fathers.

Shared parenting not the norm, but an option

Because child custody matters are so emotional, it can be hard for parents to set aside their own wishes and desires in order to achieve an outcome that is truly in the best interests of the child.

Some parents are so set on getting more time or more authority over their children that they try to shut the other parent out. However, this is usually not in the best interests of the children, who benefit from a strong relationship with both parents.

In fact, according to a Wake Forest University professor of adolescent and educational psychology, many studies have shown that children in 50-50 shared parenting arrangements fare better than children in arrangements in which one parent has primary custody.

Non-violent young people face drug trafficking charges, too

Drug trafficking allegations are rarely as simple as prosecutors would have us believe. To get a conviction, a prosecutor may cast the defendant as a hardened criminal who knowingly gamed the system to transport drugs and sell them to an unsuspecting community, when the facts of the case may instead point to an addiction problem, a moment of desperation or a mere lapse in judgement. In other cases, people accused of drug offenses have done absolutely nothing wrong and have had their rights violated by police.

If you have been accused of trafficking in marijuana, methamphetamine, cocaine, prescription drugs, heroin or other opiates, then you are facing very serious charges, and you will need a criminal defense attorney who cares about your rights and will fight to protect them.

Drug court program may be an option after a heroin arrest

In recent years, the United States has seen a dramatic rise in the use of heroin and addictive prescription drugs. Ohio and West Virginia are no exceptions. Many people who are arrested for narcotics possession in our region would prefer to stop using, but addiction is too powerful. In addition to protecting an individual from the effects of police violations such as illegal search and seizure, a strong criminal defense may involve helping a defendant get addiction treatment.

Ohio and West Virginia offer drug court programs that, if completed, may allow for drug charges against a defendant to be dismissed. The courts have gradually begun to recognize that it makes more sense to offer rehabilitative treatment than to lock people up for non-violent drug offenses.

Are unvested military retirement benefits subject to division? (2 of 2)

Welcome back. We are currently discussing a divorce case that was recently decided by the Ohio Supreme Court and asks whether unvested military retirement assets, like vested military retirement benefits, are considered property that can be divided during divorce.

The reason this is a difficult question, and one that is cut out for the state Supreme Court, is that Ohio law doesn’t distinguish between vested and unvested retirement assets in its section on property division. Two decades ago, the state Supreme Court held that vested military pension benefits can be considered marital property, but the Court had not yet considered unvested benefits… until now.

Are unvested military retirement benefits subject to division? (1 of 2)

Although military divorce takes place through the same family court process as civilian divorce, there are unique issues that apply. For example, military pensions are an important part of the property division aspect of many military divorce cases and are often a couple’s largest asset.

Typically, vested military retirement assets are considered property that can be divided during divorce. However, the Ohio Supreme Court recently heard arguments in a case that asked the state’s highest court to determine if the same was true for military retirement benefits that have not yet vested. 

Is deportation a possibility in Union County drug case?

The very direct answer to that question has to be that it certainly seems so. There are a number of factors why.

For those who may be unfamiliar with the story, authorities in Union County report that they have charged a 20-year-old Dublin, Ohio, man on a broad array of charges. They include accusations of racketeering and possession of cocaine. He is also accused of possession of marijuana and attempted marijuana possession.

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