Tag Archives: miami county clerk of courts
Montgomery, Greene, Butler, Clark, Miami and Warren County Ohio: Divorce Fact 5/10: Restraining orders of bank accounts & life insurance policies
RESTRICTIONS ON THE PARTIES WHILE THE CASE IS PENDING: By Ohio Revised Code, neither party is permitted to cancel or change beneficiaries of any life or health insurance policies while the case is pending. Do not change or cancel insurance policies while the action is pending. This is a matter of statutory law and applies to all parties to a divorce in Ohio. In other words, this is not something that your attorney will seek to have the court order for your case – it is simply the law for every case. In fact, the Court would not have the power to allow a party to change or alter the provisions of insurance policies that are in place at the time of the filing for divorce.
However, it is also quite common for both parties to file for Temporary Restraining Orders to restrain the opposing party from doing something while the case is pending. These restraining orders are actual, binding court orders that restrict the parties from doing certain activities while the case is pending. Some common temporary restraining orders that our firm might file include:
a. Restrain the parties from incurring further debt in the other party’s name
b. Restraining the parties from depreciating assets
c. Restraining the parties from removing the children from the state of Ohio
d. Restraining one of the parties from re-entering the marital home, if that party has been voluntarily absent from the home for more than 30 consecutive days.
e. Restraining the parties from abusing, annoying or harassing the other party
This Ohio divorce fact was brought to you by the Miami-Valley law offices of Morrison & Nicholson. Author: Charles W. Morrison, Partner at Morrison & Nicholson. Call today to schedule a free consultation with an attorney by calling (937) 432 – 9775.
Montgomery, Greene, Butler, Clark, Miami and Warren County Ohio: Divorce Fact 6/10: How long will my divorce / dissolution case take?
THE TIMING OF THE CASE WLL VARY DEPENDING ON SERVICE OF PROCESS AND THE COURT’S DOCKET: If you are the Plaintiff (filing for divorce first), you must first “perfect service” of process and the court summons on the other party (Defendant) before the court (Greene, Butler, Montgomery, Clark, and Warren County Courts) will schedule a court date. The Court does not have jurisdiction over the opposing party until he/she has been properly served with the appropriate paperwork. Service is typically perfected via certified mail, issued by the Clerk of Courts shortly after the case is filed. Essentially, the Clerk gathers all of the documents filed, creates its own summons, and requests that the postal service deliver the documents to the defendant via certified mail. The Court will not consider service perfected until the U.S.P.S. sends the return receipt to the Clerk of Court’s office.
If the defendant refuses to sign or otherwise claim the certified mail, the clerk of courts will then notify your attorney that service was not perfected. The attorney will then ask the clerk to “re-issue” service via regular mail, as Ohio law allows service by regular mail if the certified mail was unclaimed or refused by the defendant. Service can also be perfected via personal service by the county sheriff or a special process server (although these methods are more expensive than certified mail). Regardless of how service is ultimately perfected, the court will not schedule the case for a hearing until service has been completed. Further impacting the scheduling of the case is the court’s own docket. Logically, if the court has a backed-up docket, your case will be scheduled out further than if the court’s docket is not as crowded. How quickly you receive a court date cannot be controlled by the attorneys.
Brought to you by the Miami-Valley law offices of Morrison & Nicholson. Author: Charles W. Morrison, Partner at Morrison & Nicholson. Call today to schedule a free consultation with an attorney by calling (937) 432 – 9775.
Often, married couples that are divorcing want to make the process as quick and painless (and inexpensive) as possible. They have come to some sort of agreement as to division of real and personal property, alimony amounts (if any), who they want to be the residential parent, and so on. But, just as frequently, divorcing couples cannot come to an agreement as to one or more of the above issues. In the latter case, this would be a contested divorce. When the divorce is contested, attorneys first work to resolve these issues by way of settlement in order to avoid a trial.
However, many times couples are so at odds with one another that nothing is negotiable and a trial is the only way that a resolution to one of the common issues can be reached. The trial is not unlike a criminal trial in that witnesses will be called to present testimonial evidence and documents will entered as exhibits to prove whatever the party introducing the evidence wants to prove (e.g., that a retirement account or home should not be considered maritial property).
Because a contested divorce can go to trial, one must be cognizant of how many courts differ in the trial process. In short, trial processes are very county-specific and it is important to be familiar with the Court’s local rules and customary practices. Some counties require several “pre-trials” beforehand and ask for several formal statements to be submitted to the court and filed with the Clerk of Courts ahead of the pre-trial or trial date. Some courts require the parties to submit to mediation before a trial is finally conducted, while other counties do not provide a mediation program for Domestic Relations matters at all. In other words, A divorce action in Greene County, Ohio can differ dramatically from a divorce action in Montgomery County, Miami County, Warren County or Butler County, Ohio. Familiarity with the judges and the court-specific rules can really help divorcing couples avoid a long and protracted divorce action and help make the entire process easier to meander through and more cost-effective for all involved.