What To Do if You Think Your Spouse is Hiding or Wasting Marital Assets

What To Do if You Think Your Spouse is Hiding or Wasting Marital Assets
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Your Marital Assets Could Be In Jeopardy if Your Spouse is Engaging in Financial Wrongdoing During a Divorce Action. Can The Ohio Courts Step In?

financial misconduct divorce marital assetsThe time leading up to a divorce and the actual divorce process can be quite bumpy and unpleasant. Oftentimes, the unknowns of divorce will lead to irrational thinking and bad behavior by one or both of the spouses. While some bad behavior is simply frowned upon, other forms of misconduct are actually illegal. For instance, if your spouse is intentionally scheming to hide or waste your marital assets in an attempt to interfere with your right to an equitable distribution during the divorce, you may have a claim of financial misconduct.

What is the law in Ohio behind financial misconduct in a divorce action?

Under Ohio law, “if a spouse has engaged in financial misconduct , including, but not limited to, the dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of assets, the court may compensate the offended spouse with a distributive award or with a greater award of marital property.” O.R.C. § 3105.171(E)(4). A spouse has committed financial misconduct if he … Read More... “What To Do if You Think Your Spouse is Hiding or Wasting Marital Assets”

Blast From The Past: An Experienced Family Law Attorney – PRICELESS!

Blast From The Past: An Experienced Family Law Attorney – PRICELESS!
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PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on August 22, 2008. Securing an experienced divorce lawyer (that you are comfortable with) is EXTREMELY important! If after your first consultation your gut tells you that you still have questions, keep interviewing other potential lawyers. You will recognize the “right” one when you meet him/her!

Why You Should Hire an Experienced Family Law Attorney

divorce family law attorneyGordon Gibb recently wrote an excellent article for lawyersandsettlements.com about the importance of hiring an experienced divorce lawyer. He lasers in on the topic with his opening sentences. “If there ever was a more important role for lawyers and litigation professionals, it is in family law. Corporate law, environmental law, even real estate law has nuthin’ on the complexities and the drama that explodes from divorce petitions, custody battles-even who gets to keep the family dog”. 

He concludes with “Experts suggest that if your relationship looks as though it is coming apart and you’re considering divorce, the best couple of hundred bucks you’ll ever spend is by sitting down with a reputable family … Read More... “Blast From The Past: An Experienced Family Law Attorney – PRICELESS!”

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

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

Can I Complete My Ohio Estate Planning Documents Remotely During COVID-19?

Can I Complete My Ohio Estate Planning Documents Remotely During COVID-19?
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Ohio Wills Cannot Be Completed Through Remote Technology, But What About Other Ohio Estate Planning Documents?

ohio estate planning documents covid-19More individuals are focusing on estate planning during the pandemic, but people are also more concerned about venturing out during these unusual times.  A question that is coming up often is whether one can complete their Ohio estate planning documents remotely through Zoom or some other software.  The answer is yes and no.  Some ohio estate planning documents  only need to be notarized to be valid and remote notarization is now available here in Ohio.

A general durable power of attorney in Ohio only needs a notarization to be valid.  Ohio health care documents (livings will and durable power of attorney) need either two disinterested witness signatures or a notarization to be valid.  A document related to the transfer of real estate such as a deed or transfer on death affidavit needs to be notarized.  However there is a fair amount of a technological learning curve if one wants to try to get documents notarized remotely. There is also a separate charge involved for the service.

Last Will and Testament

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

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

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

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

A Post-Divorce Checklist

A Post-Divorce Checklist
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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
… Read More... “A Post-Divorce Checklist”
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