Monthly Archives: April 2015

Marital vs. Non-Marital Assets: How to Determine the Difference

Posted Date:April 28, 2015 | Categories:

Marital and Non Marital Assets

Divorce is a complicated business.  One of the difficulties in handling a divorce is deciding whether an asset is a marital asset, and thus subject to division between the divorcing parties by the court, or a non-marital asset, and thus not subject to division by the court. Ohio law assumes that all assets are marital assets, unless an individual can prove otherwise. 

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How does cheating affect your divorce settlement

Posted Date:April 28, 2015 | Categories:

Divorce settlement Ohio

Divorce proceedings are a difficult and trying time where emotions can run high.  The turmoil of divorce can be made worse if you learn your spouse has been cheating on you.  Even if the indiscretions do not trigger the divorce, having a cheating spouse can be psychologically damaging and can lead to additional stress during the divorce.   Many people will ask lawyers what the legal impact of a cheating spouse can be.  The majority of Columbus, Ohio divorce lawyers will say that it has little affect in the courtroom, but a huge affect when negotiating a settlement. 

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How Job Loss Affects Spousal Support

Posted Date:April 22, 2015 | Categories:

Job Loss Affects Spousal Support

Job loss and other economic factors can have a huge impact on your life.  Many workers have faced lay-offs, downsizing, and job loss due to factors outside their control.  This is especially concerning when you are required to pay a specific amount to your ex-spouse in the form of spousal support.  Rather than face the possibility of missing payments and fighting a new court battle, take a look at how hiring an attorney can help keep everyone happy. 

Spousal support is generally negotiated as part of the divorce decree that you sign with your former spouse.  Formerly known as alimony, spousal support payments are important to discuss before you sign a divorce decree.  When you agree that divorce is the best option, then assets are split and spousal support payments are paid to the lower earning spouse.  In Ohio, judges use many factors to determine the initial amount of spousal support to award to the lower earning spouse of a divorce.   One such factor is the earning capacity of both spouses.  This is subject to change as the job market and economy fluctuate, but it gives the judge an idea of the appropriate amount of financial support that newly divorced spouse should receive. 

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10 Financial Tips for Divorce

Posted Date:April 20, 2015 | Categories: ,

Financial Tips for Divorce Ohio

Going through a divorce can be emotionally difficult, but you can minimize the pain and stress by getting your finances in order beforehand. Be sure to protect yourself by being well-prepared and staying engaged throughout the proceedings. The following are 10 important financial tips for divorce.

1. Take the first steps to split your finances. Cancel any jointly owned credit cards or accounts. If your divorce is on friendly terms, you can cancel these by mutual agreement. Otherwise, your spouse may be left without access to money. If you suspect your spouse may use the credit card to run up a debt at your expense, go ahead and cancel.

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Discovering Hidden Assets in a Divorce

Posted Date:April 17, 2015

Hidden Assets in a Divorce

The process of a divorce signals the separation of a marriage and the assets that go along with it. This can be complicated by the fact that sometimes, one spouse will attempt to hide assets from the other. Under Ohio state law, there can be harsh financial penalties and even criminal charges for those who hide assets during a divorce. However, that doesn’t stop some people from trying.

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How Financial Misconduct Affects Divorce

Posted Date:April 15, 2015 | Categories:

Financial Misconduct Affects Divorce

Financial misconduct during a divorce is a serious matter. A spouse who hides marital assets during a divorce proceeding puts him or herself at risk for a myriad of consequences.  If it is discovered that one spouse hid assets from the other spouse or misrepresented the amount of marital assets available during the divorce, it is likely that when the misconduct is discovered that the court will favor the honest spouse.  To protect yourself from falling victim to financial misconduct during a divorce proceeding, it is important to arm yourself with a knowledgeable divorce and family law attorney who can help insure an accurate accounting of the martial assets.

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What Happens to Your House in a Divorce?

Posted Date:April 13, 2015 | Categories:

Your House in Columbus Divorce

To most people, a house is much more than the physical assemblage of bricks, drywall, beams, windows, furnishings, and landscaping. A house is a home, a physical as well as an emotional shelter. Your home may include a den, where creativity is inspired; a garden, lovingly nurtured; a dining room where friends and family gather in celebration; children’s rooms, where laughter and love radiate; a kitchen, where the aromas of baked goods and home-cooked meals nourish a lifetime of hearty memories; helpful neighbors who become best friends; and a growing nest egg, capable of bringing peace of mind and financial independence for decades to come.

In a contested divorce – especially one that is mishandled – your home faces potentially devastating consequences, wreaking emotional and financial havoc comparable to a fire, flood or other natural disasters. You best chance of retaining your home after a divorce, or of disposing of it in a manner that is to your ultimate advantage, is for you to retain dedicated and effective divorce lawyers in Columbus, Ohio, such as Edward F. Whipps & Associates, which has more than 30 years of experience in divorce, dissolution, and family law.

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Psychological Evaluations in Child Custody Cases

Posted Date:April 10, 2015 | Categories:

Cleveland Child Custody

The most important decision resulting from a divorce in which children are involved is determining where children will live and how much time they will spend with each parent. When parents cannot agree on a custody arrangement, a judge will make the decision. Impartial psychological evaluations help inform the court’s decision. The best interests of the children are at the heart of this evaluation process. Naturally, loving parents want only the best for their children.

The court may order a psychological evaluation of both parents and children to help determine the best parenting and custody arrangement for the children. In Ohio, judges must make their decision about parental rights and responsibilities based on the best interests of the child. Throughout this process it is very important to have an attorney who not only understands the process but also knows how to present the evaluation results to the court.

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