Division of Property

Divorce: Termination & Litigation

Marriages in Ohio can be ended in either a divorce or a dissolution.  A divorce is a contested hearing wherein one spouse alleges that  the other has been “at fault” under one of the statutory grounds for divorce permitted under Ohio law.  According to Ohio law, “fault” grounds include adultery, willful absence for more than…

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Valuing Marital Assets Accurately–Extremely IMPORTANT!!

  One of the most important aspects of your divorce (besides custody of your children, of course) is to have correct valuations of marital assets.  Your attorney has the very important job of investigating, valuating, and objectively inventorying all marital assets.  Some assets have a readily ascertainable value, such as a bank account, publicly traded…

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Temporary Restraining Order – A TRO Explained

What is a temporary restraining order? A temporary restraining order is a short-term, pre-trial, temporary injunction ordered by the court at the beginning of a divorce action.  The order is issued to protect both parties from immediate irreparable harm that they may suffer if the order is not issued.  The order protects a party from…

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Paying Spousal Support (Even After You Die) R.C. 3105.18(B)

According to Ohio Revised Code section 3105.18(B), “Any award of spousal support made under this section shall terminate upon the death of either party, unless the order containing the award expressly provides otherwise.”  While this topic may seem to be a common-sense approach, sometimes providing for the care of a spouse following the death of…

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What constitutes Separate Property in Ohio?

  Separate Property is defined as all real and personal property, and any interest in real or personal property that is found by the court to be any of the following: An inheritance by one spouse by bequest, devise, or descent during the course of the marriage; Any real or personal property or interest in…

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Division of Property and Date of Valuation

 Determining the Date Can Save You Money! Ohio Revised Code 3105.171 defines marital property as any asset accumulated by the parties at any time from the date of their marriage until the date of the final hearing in an action for divorce or legal separation. Imagine that you make the bold move of filing for…

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Don't Listen to Them: Your Soon to be Ex

Your Soon to be Ex – Don’t Listen to their Lies or Legal Advice! I have written previous articles on the importance of not listening to the free legal advice of friends and family, unless of course they are a licensed attorney in Ohio (check out the article Free Legal Advice: Don’t Listen to It! ).…

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Common Law Marriage in Ohio

What constitutes a Common Law marriage here in Ohio?  A common law marriage entered into before October 10, 1991 constitutes a valid, legal marriage in Ohio.  However, after October 10, 1991, new common law marriages are prohibited.  The essential elements of a Common Law marriage in Ohio are:  1.  A mutual agreement of marriage; 2.…

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