Ohio Family Law Blog

Blast From The Past: NEW YEAR’S RESOLUTION: MAKE A WILL

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PUBLISHERS NOTE: With a new year upon us, it is always good to set an attainable New Year’s resolution. With that in mind, we look back on an Estate Planning blog article from January 5, 2019. According to a Caring.com survey, only 42 percent of adults have even a simple will, and for those with minor children, the statistic is even worse-only 36 percent. Estate Plans should also be reviewed occasionally to determine if updates are needed. Don’t put it off any longer. For the sake of your loved ones, put an effective estate plan in place.

A Simple Will Will Provide You With Benefits Many Years Down The Road

It’s that time of year when best intentions are set forth and New Year’s resolutions are made. However, according to U.S. News and World Report, by February over eighty percent of those resolutions have been broken. For many, it is time to make a very important resolution that is easy to keep and will provide benefits for years to come. Make a will.

Many of us have heard or read lately of some of the … Read More... “Blast From The Past: NEW YEAR’S RESOLUTION: MAKE A WILL”

Postnuptial Agreements in Ohio – What is the Current Status?

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PUBLISHER’S NOTE:

Finally Ohio has joined 48 other states and is now permitting postnuptial agreements to be executed and recognized. This is extremely significant news for married couples in Ohio! Click the following blog articles about this law change. Also, please see our new Postnuptial Agreements help page by clicking here.

Will Ohio Allow Postnuptial Agreements And Amendments To Premarital Agreements? Proposed Changes Underway

Ohio has long recognized premarital agreements. A premarital agreement is a legal contract entered prior to marriage and in contemplation of marriage by two individuals to address the ownership and division of their property and property interests in the event of death or divorce. However, Ohio is in the minority in that Ohio has historically not allowed postnuptial agreements, which are agreements entered into between spouses after they are married. I wrote a blog article on postnuptial agreements on December 31, 2011. Click here to read it.

There are a couple of exceptions to this rule. Ohio Revised Code … Read More... “Postnuptial Agreements in Ohio – What is the Current Status?”

Are You and Your Spouse Continually Fighting Over Money?

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Financial Counseling Could Save Your Marriage

Fighting Over Money Issues Can Lead To Divorce According To Studies. Is Financial Counseling The Answer?

Many couples tend to argue and fight over money and other financial issues. According to many studies, fighting over money issues is one of the top 3 reasons couples end up divorcing. Those arguments can be about a myriad of “money” issues including:

Spending and Savings habits
Whose money is Whose?
Who is in Control?
The Value of Budgeting
Past, Present and Future Debts

Financial Counseling To The Rescue?

As a lawyer primarily focusing on divorce work for over 40 years, I can tell you that I see the “marriage casualties” everyday which excessive debt accumulation and living over one’s means can cause. Research from TD Ameritrade shows that people would rather discuss sex, politics (and about everything else), before money and financial issues. Even when the couples have gone through pre-marriage counseling, money issues can swamp the parties often causing divorce. So, what do you do if you find yourself in this situation?

Recently, I have noticed a fairly new trend to offer folks … Read More... “Are You and Your Spouse Continually Fighting Over Money?”

LEGAL ALERT: The New SECURE Act – A Boon for Seniors But Not so Much for Their Heirs

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Is The New Secure Act Too Good To Be True? Eligible Designated Beneficiaries Not Affected By New Law Signing

The president recently signed into law the Secure Act, which goes into effect on January 1, 2020, and which is an acronym for Setting Every Community Up for Retirement Enhancement Act. As the name suggests, the focus of the secure act is on retirement planning, but has several provisions. These provisions include raising the age for required minimum distributions of IRAs and 401Ks from 70 ½ to 72; allowing working individuals to make contributions to IRAs after age 70 ½; allowing small businesses to join group 401K plans; allowing 401K plans to include annuities; and allowing 529 plans to repay up to $10,000 in student loans.

The biggest positive changes are that you now no longer have to start taking minimum distribution from an IRA at age 70 ½, but can wait until you reach age 72 and also that if you are still working, you can continue to make contributions into an IRA after age 70 ½. These changes are meant to address the reality … Read More... “LEGAL ALERT: The New SECURE Act – A Boon for Seniors But Not so Much for Their Heirs”

Blast From The Past: New Year’s Eve: Single not Sad

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PUBLISHER’S UPDATE: Congratulations! We have all made it through Christmas and now New Year’s Eve is just a few days away. I have been considering what to post this week that was timely and relevant. I remembered the great piece we posted 9 years ago that Donna Ferber had written for her first book, From Ex-Wife to Exceptional Life: A Woman’s Journey through Divorce. I received a lot of compliments about it then. I reread it and loved it as much now as I did the first time. Her sage advice warrants a repost, so here it is.

Tips On How To Make New Year’s Eve A New Beginning After Divorce

Many of us actually prefer to stay home on New Year’s Eve or spend the night with friends rather than get all dressed up to trudge through snowy, icy weather, only to eat and drink too much! Yet, the fantasy of this night still seems to hold many captive. The notion of “being alone” on New Year’s Eve makes an otherwise strong, capable, independent adult feel like a gawky 13-year-old wallflower! How is it that … Read More... “Blast From The Past: New Year’s Eve: Single not Sad”

Tips on Planning a Vacation with the Kids Post-Divorce

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Tricks And Tips To Make Vacation Time With The Kids Fun Post-Divorce

The ink is dry on the papers, and you are officially divorced! Time to take a vacation with the kids, but this is your first time traveling solo with the kids. It can be a little intimidating, but it doesn’t need to be. There are tricks and tips to make sure it is a fun and memorable time for all.

If you are leery of going it alone with the kids, consider asking another adult to accompany you. Perhaps a grandparent or aunt or uncle might be happy to go along. They might be happy to spend some time with your children, perhaps giving you a respite to enjoy a shopping trip or perhaps a museum or something which might not appeal to your kids.

Destination For A Vacation

As they say in real estate, location, location, location. The same applies to picking a destination for a vacation. You need to select a destination according to the ages of your children. Smaller children tend to enjoy staying in one place and are … Read More... “Tips on Planning a Vacation with the Kids Post-Divorce”

Are There Advantages to Filing First for a Divorce in Ohio?

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Why should I file first in a Divorce Complaint? Here are the reasons.

Several Strategic Reasons Why Filing Of The Divorce Complaint FIRST, Makes Prudent Sense

Unfortunately, you have concluded that your marriage needs to come to an end. Now it is time to put on your “business hat” and plan how to accomplish that result. When feasible, a dissolution proceeding is the best vehicle to accomplish the termination of an Ohio marriage. However that approach takes a full agreement in advance of filing by both parties on ALL issues and obviously cooperation. Let’s discuss how to proceed if that isn’t in the cards.

DIVORCE COMPLAINT FILINGS IN OHIO:

There are some reasons to consider being the first to file the complaint for divorce in Ohio.

To file for divorce in Ohio, you or your spouse has to have been a resident of the state of Ohio for no less than six months and of the county of filing for 90 days. If you submit your petition first, you can file either in the county where you live or the county where your spouse lives. While Ohio … Read More... “Are There Advantages to Filing First for a Divorce in Ohio?”

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