Westerville Ohio Divorce Attorney | termination of your marriage part two

Westerville Ohio Divorce Attorney

How to determine what type of termination of your marriage is appropriate for your case, part 2.

Are you looking for Part 1? Click Here for Part 1 of what type of termination of your marriage intro with Westerville Ohio Divorce Attorney Brian S. Piper CO., LPA

 

One method a lot of people ask about is: Annulment. It is often believed that it would be faster and less expensive to just treat the marriage as if it never happened. This is generally not true:

 

An annulment can only be used to terminate a marriage as following:

 

  1. To terminate a void marriage, meaning the marriage was never legal in the first place (i.e.: a bigamous marriage, or underage marriage).
  2. To terminate the marriage based upon certain factors occurring prior to the marriage, such as fraud, duress, or lack of capacity to enter into a marriage.
  3. To terminate a valid marriage, based upon non-consummation.

 

There are good reasons for getting an annulment. Religious considerations, habitual intoxication, or lack of mental capacity may be reasons to seek an annulment. However, if you have children or property together, treating a marriage as if it never happened may not be a good solution.

 

To further complicate the question of an annulment is the legal concept of “ratification” which may make valid a marriage, which would otherwise be void or void-able.

 

While annulment is a valid and appropriate means to terminate your marriage, the rules regarding its application are complex. If your goal is to terminate your marriage fast and cheap, an annulment should not be your first choice. If you have other reasons to want an annulment of your marriage, you should seek a family law attorney. This is not a “do it yourself” type of action.

 

Westerville Ohio Divorce Attorney | Terminating your marriage

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Westerville Ohio Divorce Attorney

So, you are ready to terminate your marriage. The first question that you need to answer is what method of termination will be the most appropriate for your case. There are three basic ways to terminate your marriage:

 

Annulment

Dissolution

Divorce

 

Because there are Three (3) primary options to choose from, this may be a hard question to answer on your own. It’s not always about what method of termination you may want, but which method will most likely fit your situation. Some options are more expensive than others, but as this is a crucial factor in how your future and the rest of your life will be determined, although important, cost should not be your first priority.

 

How do you know what type of case you need? That is where an attorney will help direct you. However, there are a few things to think about to help you decide which method will work best for you, these will be discussed next week.

 

Westerville Ohio Divorce Attorney

Westerville Ohio Family Law | Getting to know your finances

Westerville Ohio Family Law

 

Getting to know your finances

 

It is considered sound advice to truly understand the finances of your household.  It may be that your spouse handles all of the finances, pays the bills, sets up and maintains the accounts; but what would happen if your spouse becomes unexpectedly ill, passed away, or you and your spouse find that you no longer wish to remain together.  Everyone should take an active interest in the home’s finances and they may be achieved by paying the bills together, asking your spouse about the accounts that you have.

If you do not already know how to manage money, now is a great time to learn.  There are many books, software packages and online apps that can help you learn about finances and money management or you may choose the old fashioned method of pen and paper.  No matter which method you choose the key concept is to learn how much money you have to work with and how much money is needed to meet your expenses.  This is the first step in taking control of your finances.   If you are having trouble making ends meet, this step will also help you determine if some expenses can be eliminated or if you or your spouse need to find additional employment to provide extra income.  This will also allow you to analyze your situation in the event that a divorce became imminent or if the main breadwinner of the family was unable to work.

Determining how much money goes in and out of the household on a monthly basis can be a bit of a surprise.  Often times, the non-bill paying partner may have no idea how much the household spends on utilities, food, or other essentials and this leads to the Family Budget.   An easy way to begin to create a budget is to collect all your receipts from the past several months.  Once collected, categorize the expenses into categories such as food, medical, insurance, clothes, utilities, gasoline, non-essential purchases, etc. and total the number of all of your expenses by category; divide the totals by the number of months that you collected items for and you should have a good idea of the “monthly amount” needed.  Also, take advantage of online budget worksheets as they will give you ideas and direction for your budget.   In addition to creating the budget for your monthly expenses, you should also know about and budget for any ongoing monthly debts such as mortgages, school loans, business loans, etc.  It is essential to know your debts and expenses if for some reason your spouse would no longer be part of your life, the budget you create will help you accomplish this.

No matter what your future may hold, you should also know where you have all bank account, savings and checking, passwords and pin numbers for these accounts.   You should be aware of all insurance policies, investments, CDs, and mutual funds.   Keep this information with all of your important documents such as Birth Certificates, marriage licenses, old tax returns in a safe, secure location, so that you have easy access in time of a crisis.

Active Military Service and Child Support | Columbus Ohio Attorney

Adjustment in child support obligation is available to obligors called to active military service

 

Child support obligors whose income is reduced due to being called to active military service can prevent financial hardship or falling into child support arrears by seeking a modification of their child support obligation.  This relief can be significant because if the child support is not paid pursuant to the Court orders that are in effect, the obligor can be charged with contempt of Court and could potentially be subject to incarceration.

 

Ohio has made it possible for child support obligors, who are called to active military service for a period of thirty days or more, to request an immediate review of their child support order for the purpose of obtaining a modification of the amount of support required under the prior order.  These provisions are contained in Ohio Revised Code §3119.77 and the associated sections that follow.

 

The request for modification must be submitted to the child support enforcement agency that is currently administering the order.  The request must specify that the reason for the modification is the obligor’s active military service and must include with the request a copy of the orders or other appropriate documentation specifying the commencement date of the obligor’s active military service and the monthly monetary compensation for that service, together with documentation of any other income.

 

In order to facilitate the process, the servicemember may provide the child support enforcement agency with a military power of attorney executed pursuant to 10 U.S.C. 10446, designating another individual to act in their behalf during the administrative review and modification.  By designating another individual to so act on behalf of the obligor, the obligor waives any right of an appearance and any right to request a stay of the action or proceeding under the Servicemembers Civil Relief Act, but this allows the matter to proceed in their absence.

 

If a child support obligation is modified pursuant to this provision, the modification relates back to the later of the date the child support enforcement agency sent notice of the review or the first day of the month in which the obligor’s active military service begins.

 

The new order shall specify that the modification will terminate and the prior amount of support be reinstated as of the first day of the month following the date that the obligor’s active military service ends.  (Pursuant to the modification order, the obligor is required to provide written notice to the child support enforcement agency of the date of the obligor’s termination of active military service prior to the last day of the month in which the active service ends.  However, if after the termination of the obligor’s active military service, it becomes apparent that the obligor’s employer has violated the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C., This violation shall constitute a change of circumstances sufficient to permit a new review of the obligor’s support obligation, based upon the obligor’s then current employment situation.

 

 

Franklin County Juvenile Court | Franklin County Attorney

Franklin County Juvenile Court Starts Use of Electronic Filing

The Franklin County Juvenile Court began its initial trial phase of accepting the “efiling” of pleadings and other documents on December 3rd 2012.  After working out the issues that may arise, it is expected that mandatory “efiling” will begin in early 2013.   The Juvenile Court “efiling” process builds upon the initiation of mandatory “efiling” in the Franklin County Domestic Relations Court and the General Division during the summer of 2012. 

 

Electronic filing (efiling) is the name for the process whereby complaints, answers and subsequent pleadings are filed with the Clerk of Courts.   In Franklin County, the process is now the required method of filing pleadings and documents in the General Division and the Domestic Relations Division of the Court.  Computer terminals are available for the general public to file their documents via the “efile” method.

 

The Juvenile Court  had delayed it deployment of the “efile” process in order to address the special considerations present in Juvenile Court cases.  Whereas the filed pleadings in the General division and the Domestic Relations Court are available to the public, documents filed in the Juvenile Court are confidential.  Therefore, the controls on access to the documents are much more stringent. 

 

The Law office of Brian S. Piper is equipped to handle the “efiling” of documents in the Franklin County Courts and in the surrounding counties that have begun utilizing the “efile” process.

Brian S. Piper CO., LPA Westerville Ohio Attorney | Welcome to the blog

Divorce Attorney Westerville Ohio. 555 west schrock rd. westerville ohio 43081

Brian S. Piper CO., LPA is a law firm in Westerville Ohio that focuses on family law.  Mr. Piper is a Westerville Ohio attorney.  Welcome to our blog!  This blog will provide you with additional information on our practice and current topics.

We devote our practice to the handling of traditional Family Law issues: divorces, dissolutions, child custody, child support, pre-nuptial agreements, adoptions and domestic violence. We also handle numerous other situations that impact families such as: Wills, Trusts, power of attorneys, guardianship, estate administration, purchase or sale of real estate, small businesses, traffic and criminal offenses (including juvenile offenses).  We also handle legal separation, shared parenting, spousal support (alimony), and grandparent rights.

This diversity in our practice provides us the ability to handle situations that overlap between various disciplines of the law: the divorce where a small business is involved; or the dissolution that involves real estate or inheritance. Our knowledge in these multiple areas assures you that we can deal with the complexity of your situation and that we have the experience to guide you through your case. That we are a family law office also describes the relationship we form with our clients. Many of our clients say with pride: “Brian is our family’s attorney”

Brian S. Piper CO., LPA services Westerville Ohio, Columbus Ohio, Delaware Ohio and surrounding counties.

Please check out our website at http://www.attypiper.com to learn more about our practice.

You can contact Brian S. Piper CO., LPA at 614-895-8950.  You can also use This Form to contact us with your questions.  If you would like to visit the office our address is 555 West Schrock Road. Westerville, Ohio 43081.  We look forward to hearing from you and helping you.

 

Divorce Attorney Westerville Ohio. 555 west schrock rd. westerville ohio 43081

Alicia Avery