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.


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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.


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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.

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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.
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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.

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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.

​​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.


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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.

​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.

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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.

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.


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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.  ​