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”

SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?

SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?
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Shared Parenting Plan and Covid-19 in Ohio

Keep Your Children Safe – Parents With Shared Parenting Plan May Consider New School District Options

shared parenting plan school districtsCOVID-19 has created havoc for all of us, but parents with school age kids have a whole layer of additional concerns. Of course everyone wants to keep their children healthy and safe. There are a ton of other logistics that they need to consider – work schedules, daycare considerations, and online/homeschooling, to mention just a few.

There are some similar themes in the plans presented by most Dayton area school districts. Most offer both online and some variation of in-person schooling. All schools are developing intense cleaning and disinfecting protocols. However, other than that, each district policies and procedures for reopening can vary greatly. Some schools offer a combination of in school for 2 days, and on line for 3. Others are offering half day sessions, while others are considering on line only for at least the first several weeks.

Study School District Your Child Will Be Attending For Social Distancing, Mask Wearing Policy and Online Learning

Most schools are offering the option … Read More... “SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?”

Blast From The Past: How to Ask for a Prenuptial and Avoid a Break-Up!

Blast From The Past: How to Ask for a Prenuptial and Avoid a Break-Up!
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PUBLISHERS NOTE: More people are executing prenuptial agreements than ever before. Millennials are getting married at a later age, many have a lot of student debt and more assets.  The COVID-19 pandemic is causing people to be more aware of their mortality and planning for the future. I thought reposting this “blast from the past” from June 17, 2017, about prenuptial agreements was appropriate.

Prenuptial Agreements have increased in recent years says study…but why?

prenuptial agreements divorcePrenuptial agreements are daunting to bring up to one’s significant other and many individuals fear bringing up the topic. Many individuals worry that the prenuptial discussion will cause problems, such as making their significant other feel as if they are not trusted or as if there is an anticipation of a divorce in Ohio via a lack of commitment. However, research has shown that having a prenuptial agreement  may in fact strengthen a relationship. Did you know that According to a survey of the American Academy of Matrimonial Lawyers (AAML), 63 percent of divorce attorneys say they’ve seen an increase in prenuptial agreementsrecent years? This is NOT just a male thing either. … Read More... “Blast From The Past: How to Ask for a Prenuptial and Avoid a Break-Up!”

Can You Still Access Your Child’s Education Records After a Divorce?

Can You Still Access Your Child’s Education Records After a Divorce?
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FERPA: What governs parental access to educational records?

ferpa educational recordsThe Family Educational Rights and Privacy Act (“FERPA“) is a federal statute that grants parents certain rights concerning their child’s educational records until the child turns 18 years old, at which point the rights transfer to the child. FERPA  has two main goals, one of which is to grant parents access to their children’s educational records. The other goal is to limit the access of outsiders to such records. The Ohio Student Records Privacy Act is the equivalent state statute. While the Ohio Student Records Privacy Act only applies to public schools in Ohio, FERPA applies to all educational agencies receiving federal funds.

The rights afforded to parents under both statutes include the right to access their child’s education records, to seek to have the education records amended, and some control over the disclosure of personally identifiable information from the education records.

“Education records” refer to the records maintained by an educational agency, institution, or agent of such and covers all permanent educational records  made by and kept on behalf of the school system. Examples … Read More... “Can You Still Access Your Child’s Education Records After a Divorce?”

My Child Just Graduated High School. What are the Estate Planning Considerations?

My Child Just Graduated High School. What are the Estate Planning Considerations?
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Basic Estate Planning Documents For the Just-Turned 18 Year Old. Is it necessary?

estate planning documents HIPPA AuthorizationHigh School graduation is a culmination of one’s academic accomplishments at a scholastic institution.  It is also usually a time of change.  Upon graduation, one’s life is going to change and progress into another phase.  It may also be a time of change when it comes to estate planning documents, both when it comes to the graduate and the graduate’s parents.

Parents are considered by law the natural guardians of their minor children.  Minor children are those under the age of 18.  Therefore, those under the age of 18 have no great need for estate planning documents .  However, what happens when one reaches the age of 18?  He or she is now a legal adult and the parents no longer have a legal right to speak on behalf of or act on behalf of the child.  Therefore, when a child becomes a legal adult, one should strongly consider basic estate planning documents for the child.

Documents for the 18 Year Old to Consider:

A power of attorney for health care and possibly … Read More... “My Child Just Graduated High School. What are the Estate Planning Considerations?”

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