The Top 5 Mistakes That Can Ruin Your Divorce Case in Ohio By James Miller, The Miller Firm

Divorce in Ohio is not just emotionally difficult. It is a legal process where every decision you make can directly impact child custody, property division, spousal support, and your long-term financial stability. Many people unintentionally damage their own divorce cases by making avoidable mistakes early in the process.

At The Miller Firm, we regularly see strong cases weakened because someone acted before understanding how Ohio divorce courts view certain behavior. If you are considering divorce or already involved in one, avoiding the following mistakes can help protect your rights and your future.

1. Taking Your Children From the Other Parent

Ohio courts strongly favor frequent and continuing contact between children and both parents, unless there are legitimate safety concerns. Taking your children from the other parent without a court order is one of the fastest ways to hurt your custody case.

Doing so can make you appear uncooperative, trigger emergency court filings, and damage your credibility with the judge. Even if you believe you are acting in your child’s best interest, unilaterally denying parenting time is a serious mistake. Always speak with an Ohio divorce attorney before making changes to parenting arrangements.

2. Buying New Assets During the Divorce

Ohio is an equitable distribution state, which means marital property is divided fairly, not necessarily equally. Buying new assets during a divorce often creates unnecessary complications.

Large purchases such as vehicles, luxury items, or expensive electronics can increase marital debt, make it look like you are wasting marital funds, and ultimately reduce what you receive in the property division. During a divorce, every financial decision matters, and poor timing can cost you.

3. Moving or Hiding Assets or Money

Attempting to hide income, move money, or transfer assets during an Ohio divorce can severely damage your case. Ohio courts require full and honest financial disclosure from both parties.

If the court discovers hidden assets, it may award a greater share of property to the other spouse, impose sanctions, and question your credibility on every issue in the case, including custody. If you are concerned about protecting assets, the solution is proper legal strategy, not secrecy.

4. Ignoring Temporary Spousal or Child Support Orders

Temporary court orders issued during an Ohio divorce are legally binding and must be followed. Ignoring temporary child support or spousal support orders can result in contempt of court, wage garnishment, and serious harm to your position at trial.

Even if you believe the order is unfair, you are required to comply until it is modified by the court. Judges take violations of temporary orders very seriously.

5. Leaving the Marital Home Without Legal Advice

Many people assume moving out of the marital home will reduce conflict, but leaving without legal guidance can negatively affect your divorce case in Ohio.

Leaving the home may impact property division, custody arguments, and parenting time. Before making any decision about moving out, consult an Ohio divorce attorney. In many situations, staying in the home is the safer legal choice.

Protect Your Rights With Experienced Dayton, Ohio Divorce Counsel

Divorce is not the time to rely on guesswork or advice from friends and family. The decisions you make early in the process can have lasting consequences for your finances and your relationship with your children.

At The Miller Firm, we help clients primarily in Ohio in Montgomery, Greene, and Warrren counties navigate divorce with clear guidance, strategic planning, and strong advocacy. If you are facing divorce or have questions about your rights under Ohio law, speaking with an experienced attorney early can make a critical difference.

Contact The Miller Firm today to schedule a confidential consultation with James Miller and protect what matters most.

Understanding the Role of a Guardian ad Litem in Divorce and Child Custody Cases

In the intricate web of family law, where emotions often run high and stakes are deeply personal, the presence of a Guardian ad Litem (GAL) can provide a crucial voice of reason and advocacy, especially in cases involving divorce or child custody disputes. Serving as a neutral party appointed by the court, a Guardian ad Litem plays a pivotal role in safeguarding the best interests of the child or children involved.

What is a Guardian ad Litem?

A Guardian ad Litem is typically an attorney or a trained professional appointed by the court to represent the interests of a child or children in legal proceedings, particularly in cases of divorce, custody battles, or instances of alleged abuse or neglect. Unlike attorneys who represent one party or the other, a GAL is tasked with advocating solely for the child’s welfare.

The Purpose of a Guardian ad Litem

1. Child Advocacy: The primary purpose of a Guardian ad Litem is to advocate for the child's best interests. This involves conducting thorough investigations, gathering evidence, and making recommendations to the court regarding custody, visitation, and other matters affecting the child's well-being.

2. Objective Evaluation: A Guardian ad Litem offers an unbiased perspective on the case, free from the influence of either parent. Their focus is solely on what is best for the child, taking into account factors such as the child's emotional and physical needs, parental capabilities, and the overall family dynamics.

3. Investigation and Reporting: GALs conduct comprehensive investigations into the child's circumstances, which may involve interviewing the child, parents, family members, teachers, and other relevant individuals. They may also review medical records, school reports, and other pertinent documents to gather information necessary for informed decision-making.

4. Court Representation: In court proceedings, the Guardian ad Litem presents their findings and recommendations to the judge, advocating for the child's interests. They may also participate in mediation sessions to help resolve disputes amicably whenever possible.

5. Monitor Compliance: Even after the court's decision is made, a Guardian ad Litem may continue to monitor the situation to ensure that court orders are being followed and that the child's best interests are being upheld.

When is a Guardian ad Litem Appointed?

Courts may appoint a Guardian ad Litem in cases where there are allegations of child abuse or neglect, significant parental conflict, concerns about a parent's ability to provide adequate care, or when the child's preferences need to be considered. Additionally, in highly contested custody battles or cases involving complex family dynamics, a GAL may be appointed to provide an independent assessment of the situation.

Conclusion

In the delicate dance of family law, where emotions often cloud judgment and disputes can escalate quickly, the role of a Guardian ad Litem stands as a beacon of objectivity and advocacy for the most vulnerable party—the child. By ensuring that the child's best interests remain at the forefront of legal proceedings, Guardians ad Litem play a vital role in helping families navigate the complexities of divorce and custody disputes with sensitivity, compassion, and fairness.

Understanding Parental Alienation in Ohio Family Law Cases

Parental alienation is a complex and emotionally charged phenomenon that can significantly impact families undergoing divorce or custody battles in Ohio. Defined as the deliberate manipulation or estrangement of a child from one parent by the other, parental alienation can have profound and lasting effects on both the child and the targeted parent.

The harmful consequences of parental alienation are numerous, ranging from strained parent-child relationships to long-term psychological and emotional distress for the child. In Ohio family law, recognizing and addressing parental alienation is crucial to ensuring the well-being of all parties involved.

One of the primary challenges in addressing parental alienation is its subtle nature. It often involves one parent subtly undermining the child's relationship with the other parent, causing confusion and emotional turmoil. Signs may include a sudden and unexplained change in the child's attitude toward the targeted parent, reluctance to spend time with them, or even false accusations.

Ohio domestic relations and juvenile courts take parental alienation seriously, as it directly contradicts the best interests of the child standard. Judges may appoint mental health professionals to assess the situation and provide recommendations for intervention. Legal remedies may include modifying custody arrangements, implementing supervised visitation, or ordering therapeutic interventions for both the child and the alienating parent.

It's essential for parents facing parental alienation allegations to document instances, seek legal guidance, and work towards an amicable resolution for the sake of their child's well-being. Co-parenting education programs may be mandated to foster healthy communication and cooperation between divorced or separated parents.

In conclusion, parental alienation is a critical issue in divorce and custody cases that demands careful attention. By understanding its definition, recognizing its harmful effects, and actively addressing it through legal channels, families can strive towards healthier and more supportive environments for their children amidst the challenges of divorce or custody disputes.

Is Ohio a "Mother" state?

One of the most common misconceptions I face is that in any divorce or dissolution involving children or a child custody case, Ohio has a bias in favor of mothers.

In the context of a divorce or dissolution, Ohio law does not give preference to either the mother or the father. Rather, the court will issue custody and parenting time orders based on what is in the best interest of the children.

However, if a child is born to unmarried parents, Ohio law does state that the natural mother is the presumed sole legal custodian of the child. Fathers can address this in court by filing a paternity action or an action allocating parental rights and responsibilities. During these actions, fathers can request custody, shared parenting, and request to establish parenting time. When these motions are filed, again, Ohio law does not initially favor one parent over the other but will issue orders that it determines are in the best interest of the children.

Some fathers will still claim that, despite the law, there is still an inherent bias in the court system favoring mothers. Whether or not this is true, it is important for any parent to safeguard their parental rights and responsibilities in any divorce, dissolution, or custody matter by consulting with an experienced attorney.

HOW DOES PARENTING TIME WORK DURING THE HOLIDAYS?

With the holiday season upon us, a very common question that arises is how parenting time is allocated during the holidays for parents who have gone through a divorce or have a divorce pending, or for unmarried parents who have a pending case for the allocation of parental rights or who already have an order from a juvenile court. 

Unless the parties reach an agreement customizing their holiday parenting time, the court will usually order the parents to divide parenting time for the holidays pursuant to the court’s “standard order of parenting time.”  A “standard order of parenting time” is a schedule created by the court that equally divides all of the major holidays.  Typically, a parent will have parenting time for one-day holidays pursuant to a “standard order of parenting time” on an alternating yearly basis.  For example, in odd-numbered years, Parent 1 will have parenting time for Memorial Day from 9 a.m. until 9 p.m. and on even-numbered years, Parent 2 will have parenting time for Memorial Day from 9 a.m. until 9 p.m. 

Longer holidays, like Winter break, are usually equally divided pursuant to a “standard order of parenting time.”  For example, on odd-numbered years, Parent 1 will have parenting time pursuant to a “standard order of parenting time” from 9 a.m. the day after school recesses until 9 p.m. on December 24th and Parent 2 will have parenting time from 9 p.m. on December 24th until 6 p.m. on January 1st.  On even-numbered years, the reverse would apply. 

For week long holidays, like Spring Break, a “standard order of parenting time” may allocate parenting time to one parent for the entire week on an alternating yearly basis. 

What if the child(ren) is not of school age?  The same rules would apply, however, the parents would determine the holidays based on the calendar of the school district in which the child(ren) primarily resides. 

Each county will have differences in their “standard order of parenting time.”  For example, some courts only have one. Others have different schedules to choose from that may be dependent on the child(ren)’s age. Here are examples from several courts in our area:

Montgomery County Domestic Relations Court: https://drcourt.mcohio.org/documents%20and%20forms/Legal%20Separation-Divorce/STANDARD%20ORDER%20OF%20PARENTING%20TIME.pdf

Montgomery County Juvenile Court:https://www.mcjcohio.org/wp-content/uploads/2023/01/MCJC-LOCAL-RULES-OF-PRACTICE-AND-PROCEDURE-01-12-23.pdf

Green County Domestic Relations Court:https://www.greenecountyohio.gov/DocumentCenter/View/28623/Parenting-Time-Schedules---Regular-Parenting-Time-PDF

https://www.greenecountyohio.gov/DocumentCenter/View/28633/Parenting-Time-Schedule---Holiday-

https://www.greenecountyohio.gov/DocumentCenter/View/26101/Parenting-Time-Procedures-PDF-

Green County Juvenile Court: https://www.greenecountyohio.gov/DocumentCenter/View/24898/Parenting-Time-Standard-Order-PDF---Effective-July-1-2020

Warren County Domestic Relations Court: https://www.co.warren.oh.us/domestic_relations_court/Forms/BasicParentingSchedule.pdf

Warren County Juvenile Court: https://www.co.warren.oh.us/probate_juvenile/Juvenile/Rules.pdf

Ohio courts utilize these schedules to make the division of holiday parenting time as fair as possible and in a manner that minimizes conflict in divorce, dissolution, or child custody or parenting time cases.

If you have any questions about parenting time during the holidays or about any other Ohio family law, divorce, dissolution, custody, parenting time, or post-decree matter, do not hesitate to contact The Miller Firm at (937) 259-8031 for a consultation.   

Can children choose which parent to live with at a certain age?

This question is by far the most misconceived aspect of child custody law in Ohio I have encountered.  Following a divorce, or in a situation when the parents were never married, parents often want to pursue custody of their child(ren) based on the fact that the child reached a certain age and wishes to change households.  Many believe that once a child reaches a certain age (and I have heard many, i.e. twelve, thirteen, fourteen years old) they have sole decision-making authority regarding which household in which they wish to reside and that Ohio courts will rule accordingly in a child custody case.  However, as expressed above, this is simply not the case. 

The main issue in any child custody matter is what is in the best interest of the child.  In determining this, the court will analyze the case using the factors outlined in Ohio Revised Code 3109.04.  The factors the court must consider in a child custody matter are:

1.      The wishes of the child’s parents regarding the child’s care;

2.      If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;

3.      The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;

4.      The child’s adjustment to the child’s home, school, and community;

5.      The mental and physical health of all persons involved in the situation;

6.      The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;

7.      Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor;

8.      Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication; whether either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent previously has been convicted of or pleaded guilty to any offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;

9.      Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court;

10.  Whether either parent has established a residence, or is planning to establish a residence, outside this state.

As seen from above, there are many factors the court must consider in determining a child custody matter.  Therefore, although one of the factors listed is the wishes of the child, the child’s decision at any age will not be dispositive in determining which parent will be awarded custody.

Options for Ending a Marriage in Ohio

Ohio law provides a variety of ways a married couple can terminate their marriage.  

The most efficient and cost effective method to terminate a marriage in Ohio is through the dissolution process.  In a dissolution, the parties must file a petition for dissolution with the court.  However, unlike in a divorce, the parties must also present written agreements of the terms of their dissolution at the time of filing.  Usually this includes a separation agreement and, if their are children, a shared parenting plan.  A separation agreement includes the terms of the parties' agreement concerning the division of the parties' financial assets and debts, including real estate, motor vehicles, bank accounts, retirement accounts, spousal support, etc.  

Additionally, if the parties have children and they wish to enter into a shared parenting arrangement, a shared parenting plan must be submitted.  This document will address the parties' agreement regarding parenting time schedules for the children, child support, and who will be responsible for the payment of other expenses for the children, e.g. extracurricular activities, child care expenses, etc.  However, parties are not required to enter into a shared parenting arrangement in a dissolution.  The parties may agree that one parent is designated as the sole legal custodian of the children as well.  Once the dissolution and agreements are submitted to the court, the parties then attend a hearing to affirm their agreement under oath before the court.  At the end of this hearing, the parties' marriage will be officially dissolved.  

The dissolution process can be finalized is as little as two months.  Further, the cost of a dissolution can be a fraction of the cost for a divorce.  Thus, for many couples, a dissolution is a much more attractive means to end their marriage.  However, since the parties must reach an agreement concerning all of the issues before filing for a dissolution, this method is simply not possible when one, or many, of the issues remain contested between the parties.  

If the parties cannot reach such an agreement prior to filing, most parties must file a complaint for divorce.  The divorce process in Ohio is much like any other civil lawsuit - a complaint is filed by one party and the opposing party is served; the opposing party can then file an answer to the complaint and counterclaim; the parties engage in the discovery process (the exchange of requested information); the parties attempt to negotiate the terms of the divorce through settlement conferences or mediation; or, if issues remain unresolved, the parties attend a final divorce hearing.  The divorce process in Ohio can be very costly and time consuming.  However, if there are contested issues prior to filing, divorce is often the only means of terminating a marriage.  

An annulment is another way to end a marriage in Ohio.  However, annulments are only possible under very limited circumstances.  These include, but are not limited to, if one of the parties was already married to another person, if one of the parties has been declared mentally incompetent, or if the marriage was never consummated.  

As seen from above, married couples have options for terminating their marriage.  If you have questions regarding which of these options best fits your circumstances, or if you have additional questions regarding these options, contact The Miller Firm today at (937)259-8031 for a consultation.  

Can Same Sex Couples Get Divorced in Ohio?

As with most legal issues, there is no simple answer to the question of whether same sex couples can obtain a divorce in the State of Ohio.  Although in 2004, Ohio voters approved an amendment to the State's constitution to ban same sex marriage, recent developments in county domestic relations courts around Ohio suggest that same sex couples legally married in another state may obtain a divorce in Ohio.  For example, a Franklin County, Ohio judge recently granted a divorce to two men who married in New York.  Additionally, Vanessa McCray of The Blade, notes in a recent article that judges in several other Ohio counties, particularly Lucas County, Ohio, have been granting same sex divorces since at least 2012.  (Click here for article). 

In the opinion of this attorney, there are strong arguments supporting Ohio courts' authority to grant same sex couples a divorce.  First, the plain language of the 2004 amendment specifically bans safe sex marriage in Ohio but says nothing of banning same sex divorce. Further, Article IV, Section 1 of the United States Constitution states that "[f]ull faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state . . . ."  Ohio judges could easily rely on this "full faith and credit" clause to justify divorcing same sex couples legally married in another state.  Additionally, Ohio courts have authority to dissolve other types of marriages not recognized under Ohio law.  As pointed out by Ms. McCray, these types of marriages include common law marriages and marriages involving minors.  

In conclusion, although the jury is still out on whether Ohio courts can officially divorce same sex couples legally married in another state, it seems that Ohio courts, albeit on a county by county basis, are gradually tending in this direction.  As always, the foregoing is in no way intended to constitution legal advice and is merely opinion expressed by the author.