Lawrence Law Office

Once you go through a divorce, just like any other asset involved, it will get divided. Once your divorce is final, go over all insurance policies to ensure your ex-spouse isn't the current beneficiary. If they are, make sure to update that to a child or someone close to you that you can trust.

Ohio now speaks of “parental rights and responsibilities” instead of custody, but they are basically the same thing. When two parents live together, they share in the raising of their children. After divorce or separation, however, their rights and responsibilities need to be divided somehow.

Unfortunately, the final divorce decree does not always mean the end of court intervention in the life of ex-spouses and their children. Issues may arise that cannot be resolved by the parties and they must go back to court to get a resolution. Whatever your post-divorce needs are, an experienced divorce attorney working on your behalf will make the process less stressful.

If only one spouse owns the business, we will determine whether there is a buy-sell agreement. This agreement will dictate what to do if one of the partner’s interest is in danger because of bankruptcy or divorce. Contact us for more information.

Ohio courts consider many factors, including: Where? — Where does the parent want to relocate? How far is it from the other parent? Why? — Why does the parent want to relocate? New job? Job transfer? Military deployment? Remarriage? How? — How will a parenting time schedule be structured? Will the non-relocating parent still have regular visitation?

Yes, in many cases it is possible to keep your home and work out a 5-year plan to get back on strong financial footing. Chapter 13 bankruptcy is designed for those who have assets they wish to keep such as a home, car, or other important property.

-Protecting children from previous marriages in terms of inheritance rights and other issues -Clarifying if there are specific assets that should remain separate property, including investment accounts, personal property or other items that should be excluded from property division if a divorce occurs -Preserving business stability for a company you own or have an interest in if a marriage should end -If one person has considerable debt, the other person can articulate terms that will prevent his or her assets from being used to satisfy those debts

Yes! Contact our offices, and visit our website under "Blog" to find more tips and details about high end asset divorces.

If you are successful in requesting the court to find a non-paying ex-spouse in contempt of court, the most common outcome is that support payments will resume. The court may impose additional fines. Give us a call to learn more.

If you decide to dissolve your marriage, one of our Ohio family lawyers can represent you and draft the separation agreement and any related documents to legally terminate the marriage.

Retirement benefits may be paid as a single lump sum, monthly pension or some other form. If your spouse dies before you are paid, you may lose benefits if the QDRO doesn’t provide some type of survivor protection. We’re the Ohio Family Law firm that can let you know if the QDRO should provide survivor death benefits.

This depends on the business, in particular how closely the business is tied to your identity. If no one knows who you are, then they probably don’t know that you are getting divorced.

Retirement benefits come from a variety of employer-provided plans, included 403b plans, 401k plans, pension plans and deferred compensation plans.

Often, one person owns a sole proprietorship and the other spouse has nothing to do with the business. The sole owner might be surprised to find that the business is considered marital property even though he or she is the only one who does work. The end result will be determined by the judge. Contact us to receive more guidance.

Ohio general consumer sales tax charged at 5.75% is an important detail to consider when you are getting a divorce, because some property distributions are taxable by the state. When you file for divorce can also affect your personal taxes. If you file before December 31st, you may have tax advantages.

With a dissolution, the spouses will file a joint petition. However, given that Ohio handles dissolution and divorce differently, it is critical to have an Ohio family lawyer on your side who understands the intricacies of the state’s law and can advise you appropriately.

In cases with disputes, we always start with negotiation, mediation and collaboration as an alternative to litigation. The litigation process is both costly in terms of time and money and is hard on every member of the family. When necessary we’re not afraid to go to court and aggressively advocate on your behalf.

Tax issues in divorce cases include more than just one-time taxation. Ongoing taxation is tied closely to spousal support, child support and the division of property as well. Contact us to discuss your case.

We handle business law and estate planning. Give us a call to discuss more about your specific need.

You can do this by changing beneficiary designations. Probably the last person you want to take this property is your ex-spouse, so you need to update your designations on these policies. You also need to think carefully about who you name.

We have put together a blog with some tips to find the best divorce lawyer for your case: https://www.ohio-family-law.com/2021/03/how-do-i-hire-an-ohio-attorney-to-handle-my-divorce/ Contact us if you have any questions.

-Child custody -Child support -Spousal maintenance -Division of marital property -Division of marital debts If you can reach an agreement, you draft an agreement, sign it, and submit it to the judge for approval.

Retirement assets can be marital property which must be divided “equitably” during a divorce. Equitable division is not necessarily 50/50. Instead, they must be divided fairly, though in many cases that will mean a 50/50 split.

Parents can establish paternity by signing an “Acknowledgement of Paternity Affidavit.” This, if both are in agreement.

Sometimes. Ohio law allows grandparents to petition for visitation in limited circumstances, such as when the child’s parents are unmarried or the parents have filed for divorce or legal separation. A court does not automatically grant visitation.

It all depends on if you are running the business together. Every case is different, so please contact us to learn how to go about your specific case.

Anything can be included in a prenuptial agreement. The question is: will it be enforceable. There are some provisions that are enforceable while there are others that are not. For instance, you can include any of the following in your prenuptial agreement: -Separate vs. marital property. -Saving & spending. -Financial obligations. -Children from previous marriages. -Family property and heirlooms. -Estate plans.

Yes, we can. Our law firm has a strong background handling contested and uncontested stepparent adoptions. We know how to prove to the court that the stepparent adoption is in the children’s best interests.

After paternity has been established or invalidated by genetic testing, your family law attorney can also help you: -Pursue visitation rights -Pursue custody -Establish, modify or invalidate a child support order

A prenuptial agreement can help couples with all types of issues, including: -Protecting children from previous marriages in terms of inheritance rights and other issues -Clarifying if there are specific assets that should remain separate property, including investment accounts, personal property or other items that should be excluded from property division if a divorce occurs -Preserving business stability for a company you own or have an interest in if a marriage should end -If one person has considerable debt, the other person can articulate terms that will prevent his or her assets from being used to satisfy those debts

Adoption is a bit of an umbrella term that describes a number of different scenarios. Firstly, it describes parents seeking out children from adoption agencies or directly from mothers who don’t want to raise the children on their own. Alternatively, there are some other situations that are also covered by adoption. These include: -Stepparent adoption, -Grandparent adoption, -Foster parent adoption, -Agency adoption, -Private adoption, -Interstate adoption, -International adoption, -And single parent adoption.

Before you initiate a divorce, it is imperative that you have a basic understanding of how the process works. Here are three key things to know about the divorce laws in Ohio: -There is a Six Month Residency Requirement: To file for divorce in Ohio, you or your spouse must satisfy the state’s residency requirement. With few exceptions, at least one spouse must have lived in Ohio for the previous six months, or longer. -You Have the Right to Seek a No-Fault Divorce: Most couples separate on no-fault grounds. Under Ohio Law, you can end your marriage because of incompatibility. As neither spouse is required to prove that the other did anything wrong, this is generally the easiest option. -Dissolution of Marriage is an Option: Ohio also allows for the dissolution of marriage. It is a less adversarial process that, for the most part, has the same legal effect as a divorce.

Typically, marital property is any property that was acquired during the marriage. This can also include value that has accrued on a parcel of real estate if it was developed during the divorce.

Couples must be in complete agreement on every issue including the distribution of assets, such as: -Family home -Child custody and visitation -Child support and spousal support -Division of investment and retirement accounts -Allocation of marital debts.

We can help analyze your situation to see what type of spousal support award, if any, should be incorporated into a divorce agreement. We will help you negotiate all of the terms, including: -If any alimony should be paid while the divorce is being finalized -If spousal support should be waived in light of certain assets being awarded as part of property division -How long the payments will continue after the divorce is granted -Under what conditions spousal support should terminate, including if the receiving party begins cohabiting with a new partner or remarries

We handle estate planning after a divorce. As experienced attorneys, we have found that many clients who go through a high asset divorce also need to rework their estate plan. If they don’t, then their children and other heirs will be surprised at how property is distributed according to the current will or trust.

Our law firm has the skills and legal resources to help guide you through the adoption process, making sure the critical details and deadlines are appropriately met. From filling out all of the paperwork correctly to preparing for home visits and appearing before the court for any hearings, we will be by your side every step of the way to help you navigate the process successfully. We are committed to helping families legally unite through the stepparent adoption process.

In some situations, there may be one spouse who seeks to hide assets from the other spouse by setting up out-of-state trusts or hiding funds in offshore accounts. In this case, you need a legal team that you can trust to conduct a full investigation in order to find the hidden funds. One of the biggest mistakes that a divorcing spouse can make is to rush through the process of financial disclosure. Obviously, divorce is a difficult time and most people just want it behind them, but you don’t want to jeopardize your financial future either. On the other side of the equation, if you are the primary breadwinner in your household and you attempt to hide assets during your divorce to prevent your former spouse from getting a larger payout, it can backfire. If your deception is exposed, it will damage your credibility with the court.

A dissolution would allow you to remain in control, developing solutions that will work best for your family’s unique needs. A dissolution avoids expensive legal battles, maintains the highest degree of privacy, and allows couples to end their marriage in the shortest period of time possible. Couples who successfully complete a dissolution usually maintain a stronger working relationship for the future. There can be much less stress on the couple and their children. Family assets can be saved for the future, instead of depleting them in an expensive legal battle.

When you come to our firm, we will discuss proper online behavior and investigate whether any evidence exists that we can use to further your goals in your contested or uncontested divorce. We emphasize protecting our clients’ rights and providing exceptional service. We are always available to address any concerns or questions you might have.

Yes we can. After divorce our estate planning attorneys can help you revise and consider other estate planning issues. We recommend that you revise your estate plan, including your will, as soon as you complete your high asset divorce.

In contested cases, the relocating parent must ask the court for permission before he or she moves with the child. We believe in a proactive approach to move-away issues and counsel our client to put in the divorce decree or parenting order how they are going to deal with relocation issues when they arise. Contact us to discuss your relocation issues with an experienced lawyer.

The courts are not limited in what factors they can consider when it comes to determining the best interests of the child. These include: The wishes of the custodial parent; The extent of the children’s interaction with their grandparents; The geographical distance between the children and their grandparents; The children’s age; The wishes of the individual children; The health and safety of the children; The children availability in terms of schedule; The physical and mental health of the grandparents; The grandparents’ willingness to accommodate the children’s schedules; The grandparents’ criminal record; and Just about any other factor that may impact the child’s welfare.

Yes we have tax issue lawyers. Division of property in a divorce means the parties must reach agreements about dividing assets and property, and they also need to decide how to divide liabilities. We know from experience that tax issues in divorce cases are complex and an area of dispute that requires an attorney’s advice to resolve. Our tax attorney helps clients deal with touchy tax issues that surface during a divorce negotiation, litigation and when post-divorce modifications are needed. Contact us if you need more information.

Yes our firm handles divorce issues for business owners. Regardless of whether you and your spouse co-own an LLC, a sole proprietorship, a general partnership, a professional organization, an S corporation, or anything else, the business owner divorce attorneys have successfully helped couples divide their assets in accord with Ohio’s equitable division laws.

Yes we do. If you are involved in a paternity case, and you need a family law attorney who specializes in paternity law you can trust. Contact our office today to learn more about our services or to schedule a consultation with our team.

Yes, if you are on active duty you can file for an uncontested divorce. Contact our firm to schedule your confidential consultation with one of our experience family law lawyers.

Division of property in a divorce means the parties must reach agreements about dividing assets and property, and they also need to decide how to divide liabilities. At the Lawrence Law Office, we know from experience that tax issues in divorce cases are complex and an area of dispute that requires an attorney’s advice to resolve.

Paternity is an important concept that often comes up when discussing legal matters that involve children. For example, before you can pursue custody or visitation rights as a father in the state of Ohio, you must first establish paternity. Likewise, a mother cannot ask for child support from a child’s father until paternity has been verified legally.

No. Child custody is handled the same way as a regular divorce by using the best interest of the child standard.

Yes, very much. Under Ohio law, spouses are required to make full disclosure of all assets. If you fail to do so and a judge finds out, you could end up getting a lot less when the judge is ready to award who gets the marital property.

The best thing to is to talk to a divorce lawyer about what options would be best for your situation. But as far as quick advice, be aware of what tax status and deductions you can claim. Try to file as head of household if your spouse has not been living in your household for at least 6 months or longer. Talk to a tax professional to help prepare your taxes without needing your spouse there. Remember, filing separately will result in you losing out on some tax credits.

Yes you can. You might face jail time or even contempt charges or you may end up losing some of your assets or having to modify your decree in order for you to follow it.

In Ohio, there are 2 types of spousal support that a judge can order. You have indefinite, which is rare to get and then you have support ending at a specific date. Be aware that just because a judge awards spousal support, the court retains jurisdiction and can modify it in the future.

Yes it can. Let's say you saved way more for retirement than your spouse did and if a divorce were to happen, that could be seen as marital property which could end up leading to a 50/50 split of the money you saved in that retirement account.

If you both have joint custody hopefully the 2 of you can come to an agreement on where your children will attend school. If you can't come to an agreement then you have the choices of either mediation or going back to court to have a judge decide where your children will attend school at.

If all proper paperwork has been completed and submitted back to the court, and after setting a hearing with a judge, it should only take a couple months if both parties are cooperative and don't contest the divorce.

The process for dividing the accounts will depend on the circumstances.

In a high net worth divorce, tax issues loom large. Divorces, by themselves, are not usually taxable events, so you shouldn’t expect the IRS to send you a bill just because you were divorced. Nevertheless, the assets you choose to take in the divorce could have a big impact on your tax bill.

The key is to look at when you obtained the assets. If you obtained an asset before getting married, then it is usually non-community property, called “separate property” in Ohio. But if you obtained the property while married, then it is community property, called “marital” property.

Real estate will be subject to equitable distribution just like all other marital assets. They will be lumped together with other marital assets and then divided by the judge if the couple cannot reach an agreement on their own.

You should treat offshore accounts just as you would as if those assets were onshore. Some of our clients are tempted not to disclose assets, especially off-shore assets, because they think that their spouse will not discover them. This is a very risky gamble that can have disastrous consequences.