Attorney’s Fees
Clients often ask whether the other party will be required to pay their attorney’s fees. In Ohio, the court may award all or part of reasonable attorney’s fees and litigation Continue Reading →
Author Archives: Elisa Staats
Pre-nuptial agreements
The British government is just now considering whether pre-nuptial agreements between couples planning to marry could become legally binding. http://business.timesonline.co.uk/tol/business/law/article4112683.ece
What about the tax consequences of transferring property upon divorce?
The good news is that the I.R.S. generally does not consider the transfer of assets between divorcing spouses a taxable event. In general, if the divorce is the driving force Continue Reading →
What kinds of assets are considered subject to division?
Divorce courts deal with all kinds of assets such as frequent flyer miles, stock options, houses, time shares, pensions, retirement accounts, cash, savings, pets, inheritances, trusts, lottery winnings, medical licenses, Continue Reading →
How is all the “stuff” accumulated during the marriage divided?
In order to terminate a marriage, the assets and liabilities of both spouses must be divided. The first step in doing so is to identify all assets and liabilities. The Continue Reading →
When can a shared parenting plan be terminated?
The court may terminate a shared parenting plan upon the request of one or both of the parents or whenever it determines that shared parenting is not in the best Continue Reading →
Modification of Shared Parenting
There is presently some disagreement among Ohio court as to the proper test to be applied when one or both parents seek a modification of their shared parenting plan. This Continue Reading →
Modification of Parenting Time (Visitation)
In order to modify a current parenting time order, the parent seeking the modification has the burden of demonstrating that the modification is in the child’s best interest. Similarly, the Continue Reading →
Modification of ‘Sole Custody’
The court shall not modify a prior decree allocating parental rights and responsibilities for unless it finds, based on facts that have arisen since the prior decree or that were Continue Reading →
Mediation
Ohio courts often require parents to participate in a mediation session in an effort to resolve their parenting dispute by agreement instead of by litigation. Most parents find this to Continue Reading →