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.
some information by considering the actual value of the home and the total amount owed to reinstate and to payoff the mortgage (these sums are different than your principal balance owed). Then, this information will help you decide whether you want to focus on “retention” or “liquidation.” Retention options focus on paying the loan current and keeping the home. Liquidation options focus on selling the home and paying off the debt.
Your next step is to contact your mortgage lender to discuss y the options available to prevent a foreclosure. Sometimes, mortgage lenders offer no options other than a full reinstatement to bring the loan current or a full payoff of the entire debt. However, some lenders are willing to explore options that would allow you to cure the default. These options can include, but are not limited to: forbearance plans, repayment agreements, and loan modifications. In some cases, liquidation of the home is the only option. If you have a desirable home with more equity than debt, you can probably sell the home and payoff the loan. If that cannot happen, though, your mortgage lender might be willing to work with you on liquidation options. These options can include, but are not limited to: a deed in lieu of foreclosure, a short sale, or a consent to judgment with a deficiency waiver (or, forgiveness of the debt owed in exchanging for allowing the home’s foreclosure). Facing foreclosure during a divorce can be very challenging. It is important to work quickly with your lender to explore viable options. And, if you are uncomfortable, find counsel with experience in both divorce law and foreclosure law, like our firm. 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.
First, spouses must transfer title to the home, which often involves retaining counsel. But, many forget that the home’s mortgage loan should be refinanced by the party retaining the home (if the final order calls for it, and it should). This is often difficult (or even, impossible) to accomplish when one spouse is trying to qualify for a mortgage on their own.
Ex-spouses are usually quick to deed the property over to the spouse who is receiving it, and their lawyer usually handles the deed’s preparation and recording. However, the receiving party then applies for a home loan, only to find they do not qualify. Or, if they do qualify, the new loan comes with a much higher payment because the bank is taking on more risk with only one obligor. So, the ex-spouse never actually follows through with the refinance - they just contact the mortgage company and ensure all mail goes to their address. Then, payments to the mortgage company continue, and no one knows that this issue is still lurking. Fast forward a year or two. The ex-spouse in the home suffers an unexpected financial expense or a layoff from work. They miss a few mortgage payments, the mortgage loan is called due, and collection letters start going out -- all to the party in the home, with you knowing nothing of the issue. Up next, a foreclosure is filed. You thought you were free of the mortgage until you were served with the foreclosure complaint seeking a six-figure judgment against you. What happened? When you signed the note and mortgage, you made a promise to repay a debt to the mortgage lender. So, absent paying off that loan or reaching a new agreement with your mortgage lender, your mortgage lender is entitled to expect you to repay the debt - with no consideration for the private agreement reached between you and your spouse in a divorce. In fact, your divorce decree is merely an order in place against your ex-spouse. The company that owns your mortgage is under no obligation to follow that court order, since they were not party to the case and had no opportunity to protect their interest in your case. Therefore, your divorce order provides you no protection against foreclosure. The time to fix this issue is not when you receive the foreclosure complaint, but to tackle this issue immediately after divorce by ensuring your former spouse refinances the loan. After divorce, you should first execute and record the deed called for in your decree; that way, there will be no hurdles to your ex-spouse refinancing the mortgage loan. Next, your decree should state a specific time frame to complete, not start, the refinancing process. As soon as that time frame runs, you should obtain paperwork that evidences your original loan’s payoff or send a demand letter to your ex-spouse reminding them of their obligations. If the ex-spouse does not complete the refinancing, you should take immediate action by seeking relief from the court. And, if your ex-spouse simply cannot qualify for a loan, the property should immediately be sold. Taking action quickly to resolve your ex-spouse’s failure to refinance the mortgage loan is of critical importance to finalizing your divorce issues and moving forward with your life. 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.
The marital home’s benefits are easy to identify. The home might provide some comfort to school-age children during and after the difficult divorce process. The home feels comfortable, familiar, and safe. Receiving the marital home in a divorce can be a sign of success for some litigants. Being the party that stays in the home also avoids the dreaded moving hassles. And, it provides consistency for you when things are changing rapidly.
Keeping the marital home is not always in your best interests, though. You likely do not need the same amount of space after a divorce as you did before divorce -- you will have fewer people living there as often, fewer personal items to store in the home, and you will probably have less time running a home as a single parent. Further, statistically speaking, it is also less likely that you can afford to maintain the home. When considering keeping the home, be sure to factor in mortgage principal and interest, property taxes, homeowner’s insurance, dues, house and yard maintenance, and improvements on the large home. It might not be best for your spouse to keep the home either. If the spouse fails to refinance the mortgage, you could find yourself embroiled in foreclosure with your spouse years after divorce. For these reasons, it is important to at least consider other options for where you call home. For many, a clean break from the marital home and all the memories it carries is a good thing. Couple that with the benefits of renting a smaller home for a year while you try out a new budget, a new family structure, and new interests. You can spend that year getting accustomed to your new “normal” and thinking about where the next step in your life should be taken; instead of being cornered into your marital home and everything that comes with it. Our firm generally recommends selling the marital home if the option exists. That said, everyone’s circumstances and needs are different, so there is no blanket advice. A thorough review of your needs and demands, the professionally appraised value of the home in comparison to mortgage debt, and the tax consequences that might face you all must be considered before making this complex decision. If you are ready to move forward with securing help for this analysis, 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.  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 pre-trial 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. 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.
The goal of equitable distribution laws is to separate property in a way that treats each spouse reasonably and will not cause significant losses or unjust gains. Here are some of the most important elements of equitable distribution that divorcing couples should familiarize themselves with.
WHAT PROPERTY WILL COURTS DIVIDE? Only marital property is subject to distribution. For the most part, property that people bring into a marriage remains theirs. Also, gifts such as inheritances remain the property of the spouse who received them. However, the comingling of assets over the course of a marriage may convert them into marital property. HOW DO COURTS DECIDE WHAT’S FAIR? Courts give a lot of consideration to the length of a marriage in distributing property. If a marriage was relatively brief, courts will let each party keep what they own individually. Courts will also weigh each spouse’s respective property and earnings so that they can mitigate financial hardship. Ultimately, divorcing couples may find it helpful to have a mediation session before litigating how they will divide their property. In both mediation and formal hearings, spouses need to work constructively for a fair resolution. 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.
Receiving the marital home in the divorce can be a sign of success for some litigants, too. Being the party that stays in the home also avoids dreaded moving hassles. And, it provides consistency for you when things are changing rapidly.
Your keeping the marital home is not always in your best interests, though. You likely do not need the same amount of space after divorce than you did before divorce — you will have less people living there as often, less personal items to store in the home, and you will probably have less time while running a home as a single parent. Further, statistically speaking, it is also less likely you can afford to maintain the home. When considering keeping the home, be sure to factor in mortgage principal and interest, property taxes, homeowner’s insurance, dues, house and yard maintenance and improvements on the large home. It might not be best for your spouse to keep the home either. If the spouse fails to refinance the mortgage, you could find yourself embroiled in a foreclosure with your spouse years after divorce. For these reasons, it is important to at least consider other options for what you call home. For many, a clean break from the marital home and all the memories it carries is a good thing. Couple that with the benefits of renting a smaller home for a year while you try out a new budget, a new family structure, and new interests. You can spend that year getting accustomed to your new “normal” and thinking about where the next step in your life should be taken; instead of being cornered into your marital home and everything that comes with it. Our firm generally recommends selling the marital home if the option exists. That said, everyone’s circumstances and needs are different, so there is no blanket advice. A thorough review of your needs and demands, the professionally appraised value of the home in comparison to mortgage debt, and the tax consequences that might face you all must be considered before making this complex decision. 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.  Ohio has identified a number of reasons that justify a divorce. The reasons are: (A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought; (B) Willful absence of the adverse party for one year; (C) Adultery; (D) Extreme cruelty; (E) Fraudulent contract; (F) Any gross neglect of duty; (G) Habitual drunkenness; (H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint; (I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party; (J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation; (K) Incompatibility, unless denied by either party. Even if one of these causes is not readily applicable to your situation, but you still desire the termination of your marriage in Ohio, you should consult counsel. Competent counsel can review your particular fact pattern and identify whether or not Ohio would find your circumstances to support termination of marriage. 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.  The ending of a marriage impacts how you file taxes.
While we are a family law firm that handles dissolutions and divorces, and we do not practice tax law in any form, we do know there are a few issues you should discuss with your tax professional when filing taxes during a divorce. We want to highlight some of these items today. First, you will need to discuss your tax filing status with your tax professional. When we talk about “status,” we are referring to filing your taxes as “married filing jointly”, as “head of household”, or in another status. Second, you should identify what child tax credits are available to you and/or your spouse and decide who is eligible for taking which credits. Third, you should discuss what to do with any capital gains taxes triggered by the property distributions in the divorce. Fourth, the division of retirement assets should be considered to see if any tax implications arose from the transfer. Fifth, be sure to discuss child and spousal support to learn if your taxes are affected. Sixth, talk about how your family will handle itemized deductions, if you are taking them; and specifically, who is taking any mortgage interest deduction. Seventh, discuss your liability for any prior taxes owed and on any prior returns filed in the event of a possible audit. Eighth, agree upon how you will be divide any refunds issued by taxing authorities. These are some of the topics for discussion with your tax professional. But, remember, there could be more. Have a good discussion with your tax professional and make sure they at least cover these points above to ensure you are properly cared for when filing returns. Then, update your family law attorney with your findings and decisions so they are kept informed. 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.  Ohio recognizes four ways to terminate a marriage under under the law.
First, a married couple can file a dissolution. A dissolution is a petition by the married couple to an Ohio court asking that it legally dissolve the marriage. Dissolutions are preferred by many couples because they are usually the quickest and least expensive method for terminating the marriage. Just as important, dissolutions also put the couple in charge of terms for terminating the marriage, rather than the court. The disadvantage to a dissolution is that it requires the married couple come to an agreement on the division of all marital property, parenting time with children, and any other issues that are related to the marriage. Second, a married couple can file a divorce. A divorce is a petition filed by one party in the marriage to an Ohio Court asking that it legally dissolve the marriage. Divorces are necessary if the couple cannot reach an absolute agreement on the division of all marital property, parenting time with children, and any other issues that are related to the marriage. Divorces generally take longer to complete than a dissolution and are often more expensive. The first two options are, by far and away, the most common ways to terminate a marriage in Ohio. The next two are only rarely used. A third option for terminating a marriage in Ohio is an annulment. Annulments are, like a divorce, filed by one party in the marriage to an Ohio Court asking that it legally dissolve the marriage. However, unlike a divorce or dissolution, annulments are only possible in very limited circumstances. The Fogelman Law Firm LLC recommends you seek competent counsel if considering a legal annulment. And, please note that a legal annulment, like the kind discussed in this article, is vastly different from a religious annulment that might be a process offered by your church or other house of worship. A fourth option related to the termination of a marriage in Ohio is a legal separation. Legal separations do not entirely terminate a marriage; instead it leaves the legal marriage intact, but divides all marital property, determines parenting time, and resolves any other marital matters. This option is chosen by some married couples who must retain their legal marriage for some reason, but wish to otherwise move forward between one another as if divorced. The process for terminating a marriage in Ohio is largely controlled by statute. Therefore, when you are ready to move forward with terminating a marriage, competent Ohio counsel can meet with you, inquire of your goals and personal circumstances, and provide a clear path to move forward with termination of the marriage. 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.  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:
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.  A court has the power to award either spouse spousal support. Spousal support is referred to as alimony by some, though that term is rarely used in the current day in Ohio courts.
When courts consider awarding spousal support, they look at the factors identified in Ohio Revised Code 3105.18. These factors include the income of both spouses presently, in the past, and what each spouse is capable of making; the spouses’ mutual lifestyle; and other equitable factors. When support is awarded to one spouse, it usually comes with limitations. The most common limitation is one of time. Spousal support payments are often limited to a period of years, but you should contact an attorney for the specific estimate for your case. Spousal support can also terminate in other ways, including remarriage by the receiving spouse or the death of either ex-spouse. Ohio has no definite guideline on calculating spousal support. Rather the particular court’s discretion and the facts of each individual case dictate the outcome. 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.  When your marital home has a mortgage that is not being paid, your mortgage lender will begin providing notice that your loan has fallen into default. And, if the default is not cured, the loan can be accelerated — that is, the entire balance due under the note and mortgage is demanded.
When you find yourself in this situation, you should act very quickly. As a first step, you should gather some information by considering the actual value of the home and the total amount owed to reinstate and to payoff the mortgage (these sums are different than your principal balance owed). Then, this information will help you decide whether you want to focus on “retention” or “liquidation.” Retention options focus on paying the loan current and keeping the home. Liquidation options focus on selling the home and paying off the debt. Your next step is to contact your mortgage lender to discuss y the options available to prevent a foreclosure. Sometimes, mortgage lenders offer no options other than a full reinstatement to bring the loan current or a full payoff of the entire debt. However, some lenders are willing to explore options that would allow you to cure the default. These options can include, but are not limited to: forbearance plans, repayment agreements, and loan modifications. In some cases, liquidation of the home is the only option. If you have a desirable home with more equity than debt, you can probably sell the home and payoff the loan. If that cannot happen, though, your mortgage lender might be willing to work with you on liquidation options. These options can include, but are not limited to: a deed in lieu of foreclosure, a short sale, or a consent to judgment with a deficiency waiver (or, forgiveness of the debt owed in exchanging for allowing the home’s foreclosure). Facing foreclosure during a divorce can be very challenging. It is important to work quickly with your lender to explore viable options. And, if you are uncomfortable, find counsel with experience in both divorce law and foreclosure law. 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.  Divorce can be emotionally and financially challenging, especially if you are a business owner. You may be worried about the need to sell your business during property division or losing control of the company you built. Careful planning, though, may allow you to protect your business from your divorce.
1. Have a prenuptial or postnuptial agreement in place. It can help be helpful to discuss your expectations with your spouse, and by laying out those expectations in a legal document you can protect your business for the future. Whether you choose to use that agreement to establish that your business is separate property or to discuss what rights your spouse will have to the business, this agreement can make property division less stressful if your marriage ends. As Forbes notes, this can be especially important if you and your spouse have built your business on an equal partnership. If you cannot continue that partnership after the end of your marriage, a prenuptial or postnuptial agreement allows you to detail who will buy the other person’s share of the business 2. Keep your personal funds out of your business expenses. In Ohio, property is divided equitably but not necessarily equally. This means that the goal is to divide your marital property fairly. If you use marital property—assets acquired during your marriage and owned jointly, like a joint bank account—to pay for expenses in your business, it may be considered marital property as a result. 3. Keep in mind that you may need to negotiate if you get a divorce. If your business is considered marital property, you may need to make sacrifices to become its sole owner in the future. This could involve allowing your spouse to take ownership of other high-value assets like the family home in exchange for the business, or it could involve buying out your spouse in the future. With care, you can protect your business from divorce and continue building your company after the end of your marriage. 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.  Division of most marital assets is easy: For instance, ex-spouses dividing a checking account can close the account, divide the money according to the court order, and then transfer it to their individual accounts. But, dividing the marital home is far more problematic.
First, spouses must transfer title to the home, which often involves retaining counsel. But, many forget that the home’s mortgage loan should be refinanced by the party retaining the home (if the final order calls for it, and it should). This is often difficult (or even, impossible) to accomplish when one spouse is trying to qualify for a mortgage on their own. Ex-spouses are usually quick to deed the property over to the spouse who is receiving the home and their lawyer usually handles the deed’s preparation and recording. However, the receiving party then applies for a home loan, only to find they do not qualify. Or, if they do qualify, the new loan comes with a much higher payment because the bank is taking on more risk with only one obligor. So the ex-spouse never actually follows through with the refinance – they just contact the mortgage company and ensure all mail goes to their address. Then, payments to the mortgage company continue and no one knows that this issue is lurking. Fast forward a year or two The ex-spouse in the home suffers an unexpected financial expense or a layoff from work. They miss a few mortgage payments, the mortgage loan is called due, and collection letters start going out — all to the party in the home, with you knowing nothing of the issue. Up next, a foreclosure is filed. You thought you were free of the mortgage until served with the foreclosure complaint seeking a six-figure judgment against you. What happened? When you signed the note and mortgage, you made a promise to repay a debt to the mortgage lender. So, absent paying off that loan or reaching a new agreement with your mortgage lender, your mortgage lender is entitled to expect you to repay the debt – with no consideration for the private agreement reached between you and your spouse in a divorce. In fact, your divorce decree is merely an order in place against the ex-spouse. The company that owns your mortgage is under no obligation to follow that court order, since they were very likely not party to the case and had no opportunity to protect their interest in your case. Therefore, your divorce order probably provides you no protection against foreclosure. The time to fix this issue is not when you receive the foreclosure complaint, but to tackle this issue immediately after divorce by ensuring your former spouse refinances the loan. After divorce, you should first execute and record the deed called for in your decree; that way, there will be no hurdles to your ex-spouse refinancing the mortgage loan. Next, your decree should state a specific time frame to complete, not start, the refinancing process. As soon as that time frame runs, you should obtain paperwork that evidences your original loan’s payoff or send a demand letter to your ex-spouse reminding them of their obligations. If the ex-spouse does not complete the refinancing, you should take immediate action by seeking relief from the court. And, if your ex-spouse simply cannot qualify for a loan, the property should immediately be sold. 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.  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 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 article 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. If an issue is missed, 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 consideration by the court, which may cause serious harm. 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.  Property division in a divorce first turns on identifying the marital property to be divided, because separate property should be retained by the spouse who originally owned it.
Do you understand the difference between marital property and separate property? Marital property as defined in Ohio Revised Code section 3105.171 is property owned by either or both spouses and property in which either spouse has an interest in the property that arose during the divorce. Separate property as defined in Ohio Revised Code section 3105.171 is real or personal property that was inherited, acquired by one spouse prior to the date of marriage, acquired after a decree of legal separation under Ohio Revised Code section 3107.17, excluded by a valid antenuptial agreement, compensation for personal injury, except for loss of marital earnings and compensation for expenses paid from marital assets, or any gift of property that was given to only one spouse. 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.  HOW SHOULD YOU TELL YOUR CHILDREN ABOUT YOUR DIVORCE?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. BE OPEN TO DISCUSSIONSAccording to Psychology Today, some parents worry about their children not confiding their true feelings in them. Worries about where they are going to live or what the future looks like can be stressful for children, especially younger ones. In order to prevent this, encourage them to ask questions and talk with you about their inner thoughts. PICK YOUR WORDS CAREFULLYWhen breaking the news, take care to give a straightforward and respectful explanation for why you and your ex-spouse chose to divorce. While some children may be mature enough to handle parts of the truth, you do not need to discuss the more personal details or disagreements you two had. Keep the description child-appropriate and factual. EXPLAIN WHAT WILL NOT CHANGEChildren may only see the negatives in this situation, and may even blame themselves for somehow causing a divorce. Explain gently to them that this is not true, and make sure to spend extra time alone together doing activities that they enjoy.
This added support and bonding will help reassure them that you will always be there for them, whether they live at your residence or your ex-spouse’s. Divorce can be a tricky subject to talk about, but choosing your words carefully and taking time to reassure your children can help it go smoothly. 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. |
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