Settlement is great, when it works in your favor. But sometimes settlement requires concessions that simply should not be made. In those cases, the benefits of trial should be carefully discussed and considered..

Those without sufficient knowledge about family law believe that concessions only include issues related to giving up assets you might be entitled to, taking on responsibility for debts you are not liable for, or accepting less control over time and decisions for your children than you ought to have. But the decision to try an issue, rather than settle it also include lesser considered issues.

​Some of these issues are:

- Delay. Compromise of an issue helps resolve it now. Trials can take time because parties will want to conduct discovery and properly prepare their case for trial. In fact, some cases also require the use of experts on whom discovery must be sought and investigations performed; and then counter-experts retained. The process can take substantially longer than simply reaching a resolution between parties.

- Cost. Compromise of an issue helps avoid the attorney fees that trials require. 

- Control. Compromise of an issue helps resolve it in a way you find acceptable. 

- Disclosure. Compromise can avoid trial where your spouse plans to use information learned during the marriage against you in some way that casts you in a bad light - a light you wish to avoid.

- Continued relationship. Compromise of an issue helps avoid a trial where you might be forced to put on evidence that paints your spouse in a very poor light - knowing you will be facing this spouse when dropping of your children every week for a decade or more to come.

When considering all of these factors, among others, sometimes a compromise through settlement makes good sense. When it does not, though, it is important to be prepared to understand the issues above and move forward with trial. If you are ready to move forward with that process, we ask you to consider using our services. You can reach us through the “Contact” link above.

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Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.

While divorce is the best option for you and your ex-spouse, the idea of talking to your children about this choice may cause you to worry. 
Discussing this topic with your children does not have to be scary, since there are many ways to approach it with respect and understanding.  ​

The meeting will be nothing like the doctor’s office. There usually won’t be a lot of clients in the waiting room, and few offices will expect you to fill out lengthy paperwork or provide identification cards. This meeting should be far more private, and it should provide some answers to questions you have. 

Some lawyers charge for these meetings, some do not. Those who do usually charge an amount less than their usual hourly rate or a flat fee. You should definitely expect to know what the lawyer is charging for the consultation before you arrive.

The attorney uses the initial consultation to learn about your case, determine if your expectations are realistic, estimate the cost of your case, identify your ability to pay for the work needed, and determine if your personality matches theirs. This meeting is important from a lawyer’s perspective because they want to make sure you do not pose a risk of receiving work that you ultimately cannot pay for and that you have reasonable expectations for your case.

You should also use the meeting to make some decisions. There are literally thousands of lawyers who hold themselves out as someone who can handle your divorce. Make sure you take the time to pick the right lawyer for your needs. Some traits you should look for in your lawyer is someone who cares about the work they do, is responsive to clients and courts, is knowledgeable about the law or willing to learn, and who is experienced for the kind of work you need to be done. In other words, you need to look for a lawyer you won’t regret hiring a year later if your case becomes complicated. When considering these issues, feel free to discuss the attorney's background and training, how the attorney is to be paid, what expenses may be involved in the case, how and when you can communicate with the attorney (e.g., personally in the office, by phone, by email or in writing); and to find out the names of all those persons who will be working on the case (e.g., paralegals, associates, etc.).

The lawyer will also want to discuss your case. The lawyer will, at a minimum, want to ask you for information about the marriage, your jobs and income, your assets and debts, the other party, any history of violence in your marriage, goals in the separation, children, and your overall financial situation. The lawyer should give you time to discuss any other facts you think are or might be, relevant to the case. If you are ready to move forward with that process, we ask you to consider using our services. You can reach us through the “Contact” link above.

This is ADVERTISING MATERIAL ONLY.
Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney-client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.

Your second step should be to think about a few issues in the week leading up to the appointment:

One issue you should consider is what sort of legal need you believe you have. If you are on our firm’s website, you probably need counsel for a divorce (or post-divorce matter); but give the matter thought and clearly identify what you believe you need. This gives you a way to articulate what you seek from the lawyer and the lawyer can provide a better estimate of the timeframe and cost for your matter. 

Another issue to consider is the the kind of lawyer you believe you want. Lawyers come in a variety of types. Some are focused on themselves, others their clients. Some are focused on litigating a case to a painful end, others encourage settlement when possible, and still others try to settle every case to avoid court at all costs. Some are willing to consider new ideas, others consider only their “tried and true” methods. The list can go on for pages and pages. It is beneficial for you to have some idea of the lawyer you need and want so you can gauge whether you are meeting with a lawyer who can live up to your expectations.

And, a final issue to is the kind of resolution you want from your case. This allows you to explain your expectations to the lawyer. You can hear the lawyer’s impressions, you can consider issues you might not have thought of, and you can consider other outcomes worth considering from the lawyer’s perspective. 

Your third step is assembling information about your family. It will be helpful to be able to provide some general information to the lawyer during your consultation, and it will be required at least shortly after you retain counsel. This information includes:
the marriage (for instance: date, location)
the occupations and salaries
the children involved with the family
financial accounts (checking accounts, stocks, etc…)
vehicles owned
land or homes owned
business assets the family owns in whole or in part
pets
loans and the status of those loans.

Your fourth and final step should be to begin assembling documents discussing this information above, because the documents will likely be needed early in your case. Some of the documentation you should start assembling is:
Any prior divorce or dissolution orders
Income tax returns
Any financial information for a business owned in whole or in part by a member of the family
Partnership tax returns
Bank statements
Brokerage statements
Children’s bank account statements

If you do not have this documentation available for your first meeting, don’t cancel the meeting - you can always provide the documents after the meeting if you engage the lawyer. If you are ready to move forward with that process, we ask you to consider using our services. You can reach us through the “Contact” link above.


This is ADVERTISING MATERIAL ONLY.
Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.

​

Maintaining control over the terms of your marriage’s termination requires you and your spouse reach an agreement on all issues you want control over. This is because courts are routinely open to terminating a marriage on reasonable terms agreed to by the parties; but all other issues must be tried to the court’s assigned judge. The judge then reviews the facts and the law, and renders a decision that resolves the area of disagreement. Obviously, when the judge determines how the contested issue is managed, the judge controls the case instead of the parties.
​
The issues related to your marriage termination that must be decided include how marital assets are divided - including cars, homes, furniture, retirement accounts, and any other assets you might have; how the marital debts are divided; whether one parent will have sole custody with guideline visitation or whether there will be shared parenting; and any other issues present in your marriage. It is possible, and common, for married couples to agree on some issues and not all. Though, some couples agree on all issues, and others on no issues at all.

In summary, then:
If you reach no agreements with your spouse - you have the least control
If you reach some agreements with your spouse - you have partial control.
And, if you can fully resolve your issues with your spouse - you can very likely maintain nearly full control.

If you are able to reach a complete resolution with your spouse on how all marital issues are terminated, then you maintain nearly full control over the process. WIthout question, this is the best scenario for our clients because it allows the parties to choose their own outcome, resolves the case sooner when compared to a lengthy trial process, and is less expensive for the parties who work to resolve their differences rather than pay lawyers to litigate the issues on their behalf.

You should consider maintaining as much control over their case as possible, while maintaining a clear understanding of trial risks and costs in contrast to the concessions being considered to reach an agreement. If you are ready to move forward with the process, we ask you to consider using our services. You can reach us through the “Contact” link above.

This is ADVERTISING MATERIAL ONLY.
Disclaimer: All articles and blog posts are for informational purpose only. This information was current as of July of 2022. The information does not constitute legal advice and should not be relied upon as a substitute for your hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.

Divorce cases and post-divorce issues are complicated and emotional experiences. But, like all cases, the issues within your case are resolved in one of two straightforward ways: through a settlement between the parties or litigation over the issues. In a divorce, litigation nearly always involves a trial.

The big question during post-filing and pretrial discussions is always whether the parties should choose trial or settlement.

Settlement is great, when it works in your favor. But sometimes settlement requires concessions that simply should not be made. In those cases, the benefits of trial should be carefully discussed and considered.

Those without sufficient knowledge about family law believe that concessions only include issues related to giving up assets you might be entitled to, taking on responsibility for debts you are not liable for, or accepting less control over time and decisions for your children than you ought to have. But the decision to try an issue, rather than settle it also include lesser considered issues. Some of these issues are:

• Delay. Compromise of an issue helps resolve it now. Trials can take time because parties will want to conduct discovery and properly prepare their case for trial. In fact, some cases also require the use of experts on whom discovery must be sought and investigations performed; and then counter-experts retained. The process can take substantially longer than simply reaching a resolution between parties.
• Cost. Compromise of an issue helps avoid the attorney fees that trials require.
• Control. Compromise of an issue helps resolve it in a way you find acceptable.
• Disclosure. Compromise can avoid trial where your spouse plans to use information learned during the marriage against you in some way that casts you in a bad light – a light you wish to avoid.
• Continued relationship. Compromise of an issue helps avoid a trial where you might be forced to put on evidence that paints your spouse in a very poor light – knowing you will be facing this spouse when dropping of your children every week for a decade or more to come.

When considering all of these factors, among others, sometimes a compromise through settlement makes good sense. When it does not, though, it is important to be prepared to understand the issues above and move forward with trial.

The divorce process in Ohio is controlled, in large part, by Ohio statute. Ohio statute also sets forth the residency requirements that dictate when Ohio can legally hear your divorce complaint.

A divorce can be resolved by agreement between the parties. However, if parties are unable to reach an agreement by themselves, they can try the their unresolved issue or issues to the court. The court will then issue an order that resolves the dispute between the parties and finalizes the divorce.

There are several ways spouses might be able to separate in Ohio. Generally speaking, though, spouses turn to one of two ways to terminate their marriage: A divorce or a dissolution. See our blog posting on Ways to Legally Terminate your Marriage for additional information on the other ways to terminate a marriage..

Four issues are addressed in most divorces. First, and the issue that must be resolved in all cases, is division of marital property -- all marital assets and marital debts. Next, many marriages involve children, which adds two other broad issues for resolution: parenting time and child support. And, finally,spousal support must be addressed when terminating a marriage.

Spouses must be thorough in addressing their issues during divorce to ensure everything is properly dealt with. Otherwise, the divorce case may need to be re-opened and begun again to address the missed issue or issues. Although, sometimes, missing an issue forever bars it from reconsideration by the court, which can have serious harm to the spouse.

If you are ready to move forward with considering the divorce process, we ask you to consider using our services. You can reach us through the “Contact” link above.


This is ADVERTISING MATERIAL ONLY.
Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you.