Articles

New Ohio Law: Postnuptial Agreements

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Most people are familiar with the concept of a prenuptial agreement, or prenup, which is an agreement between two people who are planning to marry. All states allow prenuptial agreements as long as certain conditions are met. These agreements allow couples to make a full financial disclosure to each other and agree how they will […]

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Forgotten Assets During Property Division

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In a recent blog post, we talked about marital property tracing, which is necessary when dividing property in a divorce or dissolution; as a general rule, only marital property, not separate property, gets divided in divorce. However, people often forget about many types of assets when thinking about their marital property. When thinking about property, […]

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When is a Distributive Award Given in Ohio?

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A regular part of the divorce process involves one party making payments or distributing assets to the other. This usually happens in the context of the division of marital property, or the payment of child support or spousal support. Less commonly, a court may order a “distributive award” from one party to the other in […]

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Marital Property Tracing in Divorce

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“What’s yours is mine, and what’s mine is yours” is a lovely sentiment, and one shared by most spouses during their marriage. Unfortunately, in divorce or dissolution, it can become the literal truth, often at the expense of one spouse. Understanding Marital and Separate Property in Divorce To understand why, you need a brief background […]

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How to Behave in Court

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Going to court can be intimidating. Not only is it likely an unfamiliar environment, but if you have to go to court, chances are you have something important at stake. In a family law case that could be custody (now called allocation of parental rights) or visitation (now called parenting time) of your children, whether […]

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Who Gets the Pets in a Divorce?

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You went on road trips and long walks together. You snuggled on the couch at the end of a long day. They were your source of comfort during the pandemic. While all of those might describe a spouse, for pet lovers, those sentences also describe their furry companions. If you have a pet, you might […]

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What to Know About the Putative Father Registry in Ohio

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Discussions of infant adoption often center around the baby, the birth mother, and the adoptive parents. Adoption terminates a birth mother’s legal rights to her child, the father’s legal rights, and establishes parental rights in the person or couple adopting the baby. What place does a birth father have in this scenario, and what rights […]

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Preparing for a Divorce or Dissolution

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Divorce or dissolution is never easy, even if you want to end your marriage. It can be downright overwhelming if you don’t want a divorce, or if your spouse has blindsided you by asking for a divorce (or serving you with divorce papers). The divorce process creates a lot of upheaval. You are now facing […]

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Can a Child Choose Which Parent to Live With?

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There’s no question about it, in a divorce, dissolution, or when parents decide to live separately, one of the most difficult issues is where the children will live. When your children have been living with you full time, it’s hard to adjust to the idea that they might soon be spending most of their time […]

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Do I Have to Leave the Home Because My Spouse Asked Me To?

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It may happen in the heat of an argument, or after months of growing apart and talking about separation and divorce: your spouse asks you to leave the home you share (or tells you to). Whether the request comes as a shock, or is something you’d been dreading, you are probably wondering whether you have […]

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