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)”

Tips for Divorce Lawyers Dealing with Grey Divorce Matters

grey divorce retirement

Grey Divorce Matters

How Should Divorce Lawyers Tackle Grey Divorce?

grey divorce retirementMore and more couples over age 50 are divorcing these days. Today about one in four people are going through “grey divorces.” I have witnessed this trend expand exponentially over the last 30 plus years.

Assisting divorce clients who are over 50 has some unique challenges. It seems that in the majority of these cases one spouse perceives the divorce request as coming out of “left field”. Most are long term marriages and most often it is the wife who decides she wants out. I have written about this topic previously. Click here to read a blog article I wrote in 2010 with psychotherapist Donna Ferber LPC. LADC, “Sudden Divorce Syndrome: Reality or Myth?”  This 9-year-old post is worth rereading today because it sheds light on some of the challenges individuals over age 50 face post-divorce.

Divorce can certainly be difficult for individuals of any age. However, it can be especially paralyzing to those divorcing in later life. An interesting study abstract has been published in June 2019 in The Journal of Health and Social Behavior titled “Depressive Symptoms Following Later-Life Marital Dissolution and Subsequent Repartnering.” Click here to access … Read More... “Tips for Divorce Lawyers Dealing with Grey Divorce Matters”

Blast From The Past: FOMO: Does it Impact Decisions to File for Divorce?

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: Here is another great post about the role FOMO (Fear of Missing Out) plays out in daily and family life It is written by Donna F. Ferber from back on February 28th, 2015! Donna is a psychotherapist in private practice for 30 years in Farmington, Connecticut. She is a licensed professional counselor, a licensed alcohol and drug abuse counselor and an educator. In her private practice, Donna specializes in issues related to life transitions and has been a guest contributor to the Ohio Family Law Blog since 2010. We have enjoyed collaborating on several articles over the years. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

The Role FOMO (Fear of Missing Out) Plays Out In Daily and Family Life

fomo divorceTechnology has created a glut of new words and expressions. It also has “repurposed” old words; a mouse is no longer just a rodent in my basement. A crash is not a vehicular accident, a chip is not just used for scooping up onion dip and a pad is not just a monthly required feminine product.

Electronic communication has … Read More... “Blast From The Past: FOMO: Does it Impact Decisions to File for Divorce?”

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