Divorcing? What do You do With Your House?

divorce real estate equity

Home’s Equity To Be Divided Equally Between Two Parties In Divorce

divorce real estate equityYou have agreed to a divorce. Now for the difficult and often unpleasant task of dividing the assets. Sure, you can agree who gets the tv and who gets the dishes, but the most difficult division is often how do you “divide” the house. Generally speaking, the home is considered a marital asset and the equity needs to be divided equally between the two parties.

Perhaps the home was bought by one of you before you were married. In that case it may be considered non-marital property. However, if both parties have been put on the deed or if the home was refinanced in both of your names, then the house will likely be considered marital property regardless of who paid for the house initially. Of course, if you purchased a home together during the marriage then it is definitely a marital property and the equity needs to be divided.  The sticky part about splitting the value of a home is that it is not a liquid asset.

Often one of you will want to remain in the home, especially if you have children attending school in the … Read More... “Divorcing? What do You do With Your House?”

I’ve Been Served with a Divorce, Do I Really Need to Talk With A Lawyer?

experienced divorce lawyer

Schedule An Appointment With An Experienced Divorce Lawyer

Avoid “Getting The Shaft”, Talk To An Experienced Divorce Lawyer!

experienced divorce lawyer ohio

Like most veteran divorce lawyers, I have seen lots of situations where a party ignores a summons and complaint for divorce, to his/her peril. The excuses I frequently hear are:

  1. I’m too busy;
  2. We have only been married for just a short time;
  3. My spouse will treat me fairly;
  4. I don’t need to spend money for a lawyer
  5. I am too depressed to deal with it, and if I ignore it, I can fight it later if necessary; or
  6. My spouse will get everything anyway since I have been a lousy spouse.

Truthfully, all of these “excuses” are poor ones. Scheduling an appointment with an experienced divorce lawyer is not an expensive pro-active investment. Some lawyers even offer a free initial conference.

What will happen if you simply ignore the divorce filing?

  1. The case will be set for a non-contested default hearing;
  2. Your spouse (and his/her divorce lawyer) will submit a Final Decree of Divorce for the Court’s approval;
  3. There will be little inquiry by the Judge if the facts are correct or the orders are fair or equitable;
  4. No
… Read More... “I’ve Been Served with a Divorce, Do I Really Need to Talk With A Lawyer?”

Can I Change my Mind After Signing Divorce Papers in Ohio?

divorce dismissal

Second Thoughts? Dismissal May Be Permitted Based On How Far The Divorce Case Is Along

divorce dismissal

The answer to this question likely depends on how far along your divorce case has progressed, as well as the reason to dismiss it. The earlier in the preceding you decide, the more likely the answer will be “yes”.

  • Withdrawal of Complaint: If you have just filed the complaint for divorce and no answer has been filed by your spouse, you may dismiss your complaint without permission of the Court. No problem!
  • Dismissal After Your Spouse Has Filed an Answer/Counterclaim:  At this point both parties have requested a divorce. Even though you had initiated the case, you do not have the option of dropping the whole case. If you dismissed your complaint, your spouse could proceed with his/her request for a divorce. The simple solution is for both sides to file a joint agreed upon dismissal entry signed by all parties and the lawyers. The Court would allow that as long as all Court costs have been paid.
  • Dismissal After Trial (But before a Decision). So, this point would arise very far down the pike. Most divorce cases typically take the better part of
… Read More... “Can I Change my Mind After Signing Divorce Papers in Ohio?”

Are Married or Single Women Happier?

happiness single women married women

A New Book From Happiness Expert Raises Questions About The Longevity Of Married Women

Do Married Women Feel Happy In Their Marriage? Maybe Not Says Happiness Expert

happiness single women married womenAs little girls, many of us dream about that wedding, the white picket fence, babies, and living the perfect life. Who knew that same studies have shown that the happiest in the subgroup of women in the population is actually women who are unmarried and childless?

According to happiness expert, Paul Dolan, a professor at the London School of Economics, studies support that women who are unmarried and childless are the happiest. He says that marriage and raising babies which are the traditional markers associated with success do not correlate with happiness. ln his book Happy Ever After he reported on a study from the American Time Use Survey.

They studied levels of misery and levels of pleasure in separated, divorced, windowed married and unmarried individuals. Dolan says that “the study found that the level of happiness reported by those who were married was higher than the unmarried, but only when their spouse was in the room”. Unmarried individuals reported lower levels of misery than married individuals who were asked when … Read More... “Are Married or Single Women Happier?”

Common Law Marriage in Ohio – Does it Still Exist?

common law marriage ohio

Ohio No Longer Recognizes Common Law Marriage After 1991

common law marriage ohioI’m sure most, if not all, have at least heard of the term “common law marriage“. By legal definition, a common law marriage is a marriage that doesn’t quite rise to the level of a legal, formal marriage, but is created by the two parties, who co-habit together and hold themselves out to their community as married. A legal marriage has a licensing component, and a certain level of solemnization requirement that might not be met by a common law marriage.

While common law marriages aren’t scarce, they are less common than they used to be. Prior to the widespread availability of easy transportation and the internet, people in remote areas of the country, especially out west, would need to wait around for the circuit-riding pastor to arrive in order to officially wed. Without a formal schedule, people began to pair off and held their own ceremonies before their family and friends and would hold themselves out in the community as married, even without all of the official paperwork being filed. After so long, no one really recalled that so-and-so weren’t actually legally married by the pastor.

Marriage Is

… Read More... “Common Law Marriage in Ohio – Does it Still Exist?”

Parenting Styles: Helicopter Versus Snowplow Parenting. [Trouble Ahead?]

parenting snowplow parent

The 50 people charged In Varsity Blue Scandal Practiced Snowplow Parenting

Overparenting Styles: Helicopter Vs. Snowplow. Which Parenting Style Are You?

parenting snowplow parentThe helicopter parent is the one who hovers over their child, worrying about all the horrible things that could happen to them. They try to monitor their child’s activities and warn them of dangers lurking ahead. In contrast the snowplow parent works hard to clear any thing in the way of their child’s success. They work hard to be sure their child does not encounter frustrating life experiences or have to deal with failures.

This type of parenting has definitely been in the spotlight with the college bribery scandal that has rocked the news. In this investigation dubbed Operation Varsity Blue, the 50 people charged were acting as snowplows. They were shielding their children from any of the risks, difficulties and possible failure of the process of attending prestigious colleges. Basically they forged ahead as a snowplow would, clearing the path ahead.  Some of the allegations were bribing SAT proctors and paying university coaches to make sure their child was accepted to the college of their choice. Most of these parents took painful measures to ensure their child would … Read More... “Parenting Styles: Helicopter Versus Snowplow Parenting. [Trouble Ahead?]”

Divorce and Digital New Age Communications and Technology

divorce social media

The Serious Impact Social Media May Have On Divorce Case

Social Media And E-Mail Correspondence May Impact Divorce Case

divorce social mediaOkay. I am showing my age. But I remember when the practice of domestic relations law was so much simpler in many ways. How many of you even remember the old IBM Selectric typewriter or even carbon paper! I do. In my 40 years of practice I have seen the advent of word processing, the internet, Fax machines, copy machines, computers (that network together), cell phones, email, texting, an explosion of software applications not to even mention Google and all the social media platforms!

Those times are in the past. Life has changed dramatically. We are now bombarded with voice messages, texts, emails, Facebook posts, Tweets, LinkedIn, IM’s and many more technological advances. Some folks have literally become “hooked” on their devices and these social platforms. Their lives seem to revolve around personal information that they post on Facebook, YouTube, Instagram, Twitter, WhatsApp, Tumblr and many others too numerous to list.

Going Through A Divorce? Take A Break From Social Media

If you think the posts are secret, think again. Nothing on the internet is truly secret. We have written about … Read More... “Divorce and Digital New Age Communications and Technology”

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