Divorce Property Division: Marital v. Gift

Think That Was Gift?  – In Divorce, Not Unless it’s in Writing Prior to divorce couples often give each other gifts for various occasions and celebrations, or for no reason at all, but what happens to all those gifts when the couple splits-up is not so understood.  In Ohio, as a general rule, any property…

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Free Legal Advice: Don't Listen to It!

DANGER, DANGER! – Free legal advice can cost you a lot! When you have problems in your life you likely talk it out with your friends and family.  However, for legal advice you should only be seeking the advice of a licensed attorney in Ohio.  Attorneys often offer free legal advice about divorce and other legal…

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Am I entitled to Spousal Support?

Formerly known as “alimony,” spousal support is payments to an ex-spouse which can be ordered by the Court or agreed to by the parties as part of a settlement.  ORC 3105.18 sets forth that “spousal support” means any payment or payments to be made to a spouse or former spouse, that is both for sustenance…

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Securing Your Finances In Divorce (by Ohio Divorce Attorney)

  Many times bankruptcy and family law go together.  Sometimes it is because one person can no longer afford the expenses that two people used to contribute to.  Other times it is that one spouse has taken on a significant amount of debt in the divorce settlement.  Bankruptcy offers a solution to these problems.  When a person files bankruptcy after a divorce is finalized, they can…

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Ohio Divorce Attorney: What Do You Do?

A few years ago the only place that an attorney could advertise was the phone book.  Most attorneys chose to make the most of the ad space by publishing a “panel” of services they provided.  This list of services is going the way of the horse whip, but you still see it occasionally on web…

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Custody Disputes: What to Expect

The most important decision that you can make when facing a bitter and prolonged custody dispute is the advice of an experienced and thoughtful attorney.  Your attorney can help you by: helping you understand the legal system and the divorce process; helping you focus on your long-term and short-term goals; helping you prepare for and…

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Child Support Directly to My Ex-Spouse?

In my practice, I receive a lot of questions involving child support daily.  One of the most common questions I receive is as follows:  “Should I pay support directly to my spouse?” A similar question: “Why should I be in arrears when I give her (meaning the ex-spouse or partner) a lot of extra money for the children?” …

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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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