Do Divorce Courts Monitor the Final Divorce Decree to be Sure All Terms Have Been Completed?

divorce estate planning insurance

divorce estate planning insurance

The short answer is “no”. I had a client call today wondering if the Court gave her Ex a few months longer to refinance the marital residence and pay her off because of the COVID-19 situation. I explained to her that the Court does not review Divorce Decrees after filing to monitor compliance. That responsibility falls on each party. So, the Court would have no idea if the refinance had occurred or not. I told her that is her task to nudge her Ex about the refinance or to rehire me to send him a letter and take the necessary legal steps to file a Contempt action to get the refinance completed or the house listed for sale.

The Court Support Enforcement Agency will do recordkeeping on child and spousal support paid through it. In certain cases, they will help bring Contempt actions against delinquent obligors. Generally, each party needs to create a checklist of “to-do” items still remaining upon receiving their copy of the Final Judgment and Decree of Divorce.

POSSIBLE POST DECREE CHECKLIST ITEMS

Here is a partial list of items that may still need to be done after the Court has divorced you:

  1. Transfer vehicles and
… Read More... “Do Divorce Courts Monitor the Final Divorce Decree to be Sure All Terms Have Been Completed?”

Using Zoom for Legal Consultations is Very Easy at Holzfaster, Cecil, McKnight & Mues

zoom meeting estate planning divorce

Setup A Zoom Meeting For Legal Consultations at Holzfaster, Cecil, McKnight & Mues

ANNOUNCEMENT: Holzfaster, Cecil, McKnight & Mues Offering Consultations Via Zoom. Setup A Zoom Meeting Today With One Of Our Attorneys

zoom meeting estate planning divorceThe pandemic has no doubt changed all our lives in many ways. With the quarantine orders and social distancing each of us have had to reconcile and adapt our lives. Avoiding unnecessary personal contact with others is important for many of us.

Nonetheless, our lives continue on despite the COVID-19 pandemic. The quarantine situation (and life over the last 5 months) has only made it more evident to people in “shaky” marriages the harsh realities of their relationship, and in many cases their need to terminate the marriage and obtain a divorce.

OBTAINING LEGAL ADVICE DURING THE PANDEMIC WITH ZOOM MEETING

DIVORCE HELP:

I have been handling divorce cases for over 40 years. I have seen lots of different divorce situations. I can tell you that life today is incredibly difficult and complicated. So many folks are out of work and struggling to maintain a family and their health. Even something that use to be straight forward, like sending kids to school, is now complicated with … Read More... “Using Zoom for Legal Consultations is Very Easy at Holzfaster, Cecil, McKnight & Mues”

What is a Divorce Retainer Fee Agreement and What is Its Purpose?

retainer fees divorce lawyers

Divorce Retainer Fee Agreement

Divorce Lawyers Require A Retainer Fee On Start Of Your Legal Representation

retainer fee divorce lawyersSo, unfortunately you find yourself meeting with a divorce lawyer to discuss terminating your marriage. The conference goes well and after careful consideration you decide to hire the lawyer.

HOW DO DIVORCE LAWYERS CHARGE?

When the subject of fees and the attorney’s hourly rate comes up, you will likely hear the request for a “retainer fee“. Most all divorce lawyers  will require a retainer fee  at the inception of accepting your legal representation. Some, on the other hand will instead request a fixed fee amount rather than one based upon the amount of time and services provided. Fixed fee divorce representation is rare these days, in part because it is impossible to really gauge the number of hours which will be required, contested issues, or the level of rancor between the parties. Contingent fee agreements in a divorce are not allowed in Ohio. Be careful to discuss and fully understand the type of fee with the lawyer at the start. More on that below…

WHAT IS A RETAINER FEE? WHAT TYPICALLY DO DIVORCE LAWYERS CHARGE?

A “retainer” is a fee … Read More... “What is a Divorce Retainer Fee Agreement and What is Its Purpose?”

A Post-Divorce Checklist

divorce estate planning social security

Move Forward With These Important Transition Tips

divorce estate planning social securitySo you have are about to finish your divorce case. Now what? While there is a lot of information about divorce and the process itself online, there is much less about the “afterlife”. Presumably you have been considering this day for a long time, and have maybe even obtained some psychological counseling/therapy to help with the post-divorce transition.

Here are some suggestions to help you get moving forward in a positive manner and avoid divorce  paralysis that occurs in many cases.

  1. REVIEW ALL YOUR DIVORCE DOCUMENTS – Don’t just throw the divorce decree and orders in a drawer after the case is over never to see the light of day again. Be sure to make a checklist of all loose ends that are mentioned in the Decree that need to be completed and attended to such as filing quit claim deeds, changing titles on vehicles, changing ownership of bank and other accounts, closing out credit cards, filing Qualified Retirement Division Orders (QRDO’s), and the like. Don’t just assume that your lawyer will complete these tasks without your participation.
  2. REVIEW YOUR OTHER IMPORTANT DOCUMENTS – This is a perfect opportunity to review your
… Read More... “A Post-Divorce Checklist”

6 Tips of How to Effectively Communicate with Your Spouse During a Divorce

communications divorce

Communications With Your Spouse During A Divorce Need Not Be Stressful Or Difficult

communications divorceDivorces can be very difficult and stressful. Emotions can often run rampant. Those may include anger, blame, hurt feelings, confusion, sadness, and depression. Trying to maintain civil communications between you and your spouse is important. No black or white approach works in every case. You know the factual background which caused the marriage to breakdown. You know if your spouse has been abusive or can be a bully or meanspirited. Hopefully, these tips will be useful in establishing appropriate communications.

In many cases the parties elect to have their lawyers shoulder the majority of the communications. Nonetheless, some level of communications will likely need to occur, especially if you have children.

  1. Be Civil and Respectful: Avoid arguments and be professional. As difficult as it may be, “bite your tongue” and don’t escalate issues. Truthfully, whether you are right or wrong on a point isn’t that important in the long run.
  2. Set Boundaries: As you transition from being married to divorced, try to establish boundaries to agree upon the way the 2 of you will primarily communicate and about what topics.
  3. Consider Email Communications: Email is a frequent
… Read More... “6 Tips of How to Effectively Communicate with Your Spouse During a Divorce”

My Ex Won’t Let Me Have My Kids Because of the Coronavirus. What Can I do?

coronavirus parenting time divorce essential travel

Is Parental Time Affected By The Coronavirus Essential Travel Order In Ohio?

coronavirus parenting time divorce essential travelI have been practicing family law and divorce in Ohio for over 40 years. Coronavirus is a novel situation, but I will do my best to share some insights into this topic. The COVID-19 situation is a very fluid situation. In addition, each case and the analysis would be dependent on the facts of the specific case as well as the Court and Judge.

Pursuant to both of the Ohio’s Stay at Home Orders, travel has been reduced to only essential travel. Under these Orders, essential travel  is defined based on specified travel purpose, including “travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.” Individuals falling under any of the essential travel purposes must still “comply with all Social Distancing Requirements.” (See, Section 12 (e) of the Ohio Order of April 2, 2020). So, to be clear, Court Ordered parenting time is NOT altered by the shelter-in-place Orders.

Although many Courts are presently working with limited staff, that is not the case in the Montgomery County, Ohio Domestic Relations Court. Many motions have been filed dealing with … Read More... “My Ex Won’t Let Me Have My Kids Because of the Coronavirus. What Can I do?”

Parenting Issues and Tips in the Age of the Coronavirus (COVID-19)

coronavirus divorce parenting

How Does The Coronavirus (COVID-19) Affect Divorce And Domestic Relations In Ohio Courts?

coronavirus divorce parentingOhio is under a state of emergency declared by Governor DeWine. Life will be very different for all of us for the foreseeable future. The ramifications of the viral nightmare are significant and changing by the hour.  Not only do we need to practice social distancing but schools are closed – jobs and business are changing and many being lost.

While not trying to be glum, there are huge consequences for divorced individuals with shared parenting or other parenting schedules. In addition, divorce courts now generally have skeleton staffing in place and are only holding only emergency type hearings/trials such as on Domestic Protection Order matters. Further, there is really no caselaw or precedent that Judges and lawyers can cite that is instructive as to how Court’s will likely deal with Coronavirus related parenting  disputes.

3 PARENTING TIPS DURING THE CORONAVIRUS PANDEMIC:

  1. Communicate More with Your Ex-Spouse: No matter how cordial your communications have been with your Ex, now is the time that you BOTH need to improve them and minimize any squabbling. Remember that the most important priority is focusing on maintaining your health and
… Read More... “Parenting Issues and Tips in the Age of the Coronavirus (COVID-19)”
Page 18 of 39
1 … 16 17 18 19 20 … 39