Ohio Divorce Laws
Q: I am writing this for my cousin. She is wanting a divorce and is concerned about her children. Her family lives in another state and she is thinking about moving back with them. Her fear is that she will not be able to leave the state until the divorce is final. Does anyone know if this is true? She hasn't started divorce proceedings, but is thinking of it as soon as possible. She is trying to keep the costs to a minimum. If anyone knows if she can leave the state without doing any harm to herself and the children please let me know. I would be very appreciative!
A: I am not an attorney and I have no knowledge whatsoever of Ohio divorce law. What follows is based on personal and anecdotal experiences. First, the idea of keeping costs down to a minimum generally implies that one wants clerical services in lieu of legal services - AND I am here to tell you that is exactly what you will get. My first wife and I hired an attorney to represent her on that basis. I gave her everything so there was nothing to argue about. We got the most screwed up divorce you could imagine. I am a CPA and I clearly understood the tax consequences of the settlement. My ex-wife has been arguing about those consequences ever since. I am grateful that she was represented by counsel and I was not - otherwise I believe she could have had the settlement voided when she realized that the $1300 per month I was giving her for the first 2-1/2 years was completely deductible to me and absolutely income to her. The CLERK we hired cost $350; the ATTORNEY I hired to protect me from the subsequent outslaught cost $7500. The former wasn't worth a dime, but the latter was worth more than I paid her. Second, an individual who leaves the state of the marital residence with children in tow and files for divorce in another state appears to have significants advantage in the divorce process - but some disadvantages in terms of support and property settlement. The advantages come from the other spouse being represented by counsel who is generally chosen via a process which is no better than randomization and with whom he/she has little substantive interaction as well as from the legitimate and sincere concern by the court for children domiciled in their jurisdiction. The disadvantages come into play only when the other spouse has substantial non-W2 income or there is substantial joint property in the state of marital residence. Given neither of those conditions exist, your cousin would appear to be at a significant advantage should she move to a relatively quick