Might You Be Entitled to a Distributive Award of Property in Your Divorce Case?
What Constitutes Normal Property Division in a Divorce?
When a divorce occurs, property and assets are to be split equitably by the Court which typically involves a 50/50 split. This approach generally covers all property obtained during the marriage. This is true regardless of the basis (or grounds) for the break-up of the marriage.
What Happens if One Spouse Commits Financial Misconduct?
Unfortunately, sometimes a party anticipating a divorce will commit acts of fraud, concealment or transfer property to avoid dividing any assets. When this type of conduct occurs and it can be sufficiently proven, courts may order an unequal division of property and issue a “distributive award”. The courts are given broad discretion in deciding how to separate the assets, and this discretion is given significant deference on review by appellate courts.
Statutory Definition Regarding Property Division in a Divorce:
ORC 3105.171 states that in a divorce or dissolution:
“(3) The court shall require each spouse to disclose in a full and complete manner all marital property, separate property, and other assets, debts, income, and expenses of the spouse.”
The statute clearly states a very … Read More... “Divorce in Ohio: Can the Court Order an Unequal Property Division?”
A Divorce is not a single event, but a series of losses, changes and transitions. There are many watershed moments in the process of dissolving a marriage. One that seems overlooked for its emotional impact is the division of the martial property.
The topic of this Family Blog Article focuses upon what happens to the engagement ring in the event of a “broken engagement”. Most of the cases which are cited below provide the following information to the reader: An engagement ring is a conditional gift given in contemplation of marriage; and, therefore, an engagement ring is not an absolute gift.
How many times have we heard those comments and criticisms from our clients and their family members? In many of my initial interviews with potential clients and their family members, I get the distinct impression that they believe the errant Husbands should be “tarred and feathered,” put in stocks in the village square so that raw eggs and tomatoes could be thrown at them, or sentenced to hard labor in a coal mine in Siberia! I try to gently break the news that those things are not going to happen in the State of Ohio.
In early April, I received a phone call from Attorney Brian Wilson, a principal in the Canton personal injury law firm of Nicodemo & Wilson. He and I have teamed up on a few prior projects, and he has contributed to the Oho Family Law Blog in the past. After catching up a bit on the joys of blogging and our respective lives, he asked if I might consider writing an article as a guest blogger on their Bull’s-Eye Blog about how personal injury settlements are treated by divorce courts. Of course, I was only too happy to accommodate Brian. His blog is superb and one that I read several times a week. Check it out by clicking 
I vividly remember litigating a very contentious divorce case back in the early 1980’s. The Magistrate who heard the dispute still occasionally pokes fun at me about the case! Husband and Wife wanted to argue and fight over the division of a voluminous list of household goods acquired during the marriage, most having little or no value. Since then, when I was a young lawyer, I believe I have now been able to gain some valuable insight on litigation of this nature.