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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Enforcing Your Divorce Decree

Posted Date:March 25, 2015 | Categories:

Divorce Decree Ohio

Signing a divorce decree obligates you and your former spouse to fulfill each of the agreed-upon conditions. While circumstances may make minor, occasional, and unintentional violations unavoidable and forgivable, resolving long-term problems requires going back to court to compel compliance. Three reasons you may need to enforce a divorce decree are when your previous partner:

  • Stops making spousal support (alimony) and child-support payments
  • Refuses to allow visits with your children or keeps your kids longer than specified in divorce papers
  • Retains more proceeds from the sale of shared property or refuses to surrender listed items
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How to Protect Your Retirement Assets in a Divorce

Posted Date:March 19, 2015 | Categories:

Retirement Assets in a Divorce

In any divorce, finances and property division can get ugly—especially if one person makes more than the other. It’s risky to assume your retirement assets are secure when you divorce, and you won’t realize how much you stand to lose until it’s too late. Central Ohio divorce lawyers can advise you on what to do when it comes to protecting your retirement assets. However, there are steps you can take to help secure your retirement assets during a divorce.

Know Ohio’s Divorce Law Regarding Property

All states have different laws regarding property during a divorce. For Ohio divorce law, most property falls below “equitable distribution of property,” which means any funds received during the marriage by either spouse are subject to equitable division. However, according to Ohio law, specific property not subject to division includes:

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What Are the Rights and Benefits of Former Military Spouses?

Posted Date:March 5, 2015 | Categories: ,

Benefits of Former Military Spouses

Divorce is a stressful and complicated time for anyone, but it can be a particularly trying experience for military spouses, who are often stationed far away from their friends and loved ones while facing divorce proceedings. Military divorces pose unique issues. Many spouses divorcing a service member are concerned about whether the benefits they enjoy as military spouses will continue after their divorce.

The law typically allows for a military divorce to be filed in the state where either the husband or wife has legal residence. This generally means that the person who started the divorce files in the state where he or she is a resident. It’s important to bear in mind that the state where a military member resides has the ability to divide the military pension in a divorce. Therefore, if you file for divorce in a state that isn’t the state of residence of the military member, then the court may not be able to divide the pension.

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How the Courts Determine Who Gets Custody of a Child in Ohio

Posted Date:March 3, 2015 | Categories:

Custody of a Child in Ohio

Parents normally share complete custody of a minor child, unless they go through a divorce, legal separation, annulment, or dissolution. If two parents are unable to agree on who will get custody of the minor child or children in a time like this, the courts will have to make the decision.

The decision of who will get custody varies on a case-by-base basis. Under Ohio law, judges are required to make a decision about parental rights and responsibilities based on a child’s best interest. They must inquire about the care and maintenance of the child in order to make an appropriate decision.

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The Difference Between an Annulment and a Divorce in Ohio

Posted Date:February 26, 2015 | Categories:

Annulment and a Divorce in Ohio

A divorce is a court agreement that a marriage is legally over. The court will only enter a judgment of divorce if it finds that certain grounds for divorce exist. “No-fault” grounds for divorce include incompatibility or living separate and apart for a year. “Fault” grounds for divorce include bigamy, adultery, willful absence for one year, gross neglect of duty, etc. Divorce is not the only way to end a marriage in Ohio, however. You can also terminate a marriage through annulment.

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Tips for Preparing for a High Net Worth Divorce in Ohio

Posted Date:February 24, 2015 | Categories: ,

High Net Worth Divorce in Ohio

Divorce is often a delicate and painful issue for all involved. If one or both parties in a divorce have a high net worth, dividing the marital estate can be even more complicated. It’s not uncommon for high net worth individuals to feel overwhelmed during the divorce process because there is so much at stake and emotions are running high.

High net worth divorce cases require more expertise than typical divorce cases because there may be an ownership interest in a business, an extensive investment portfolio, inheritances, or other complications. High net worth divorce attorneys must work closely with accountants, actuaries, business appraisers, and real estate appraisers to assess your case and provide an objective analysis.

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How to Avoid a Messy, Bitter Divorce

Posted Date:February 3, 2015 | Categories:

Messy Bitter Divorce Ohio

Whether married for 1 year or 20, divorce can be both emotionally taxing and physically draining.  Many couples say the hardest part of the divorce is parting with someone they thought was a best friend, and often become bitter and angry with a former spouse.  If you properly prepare for divorce with a family law and divorce attorney, you can often avoid some situations that lead to bitter and messy divorces.   Take a look at a few tips to keep a divorce or legal separation from turning into a bitter battle. 

  1. Communication

  While one of the main causes for divorce is a lack of communication and many have learned to expect the silent treatment from their soon to be ex-spouse, communication is still important during the divorce process.  This is especially true if there are children involved, and they can often feel unloved or ignored during the process.  As long as you and your spouse maintain communication with your child, you have one less thing to fight about and can move on with the help of a divorce attorney. 

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Consequences of Not Paying Child Support in Ohio

Posted Date:January 22, 2015 | Categories: ,

Child Support in Ohio

Divorce is a challenging financial time, especially for those spouses who depend on continued child support payments from the non-custodial parent to provide for children of the marriage.  When the spouse ordered to pay child support fails to provide those payments, it can cause a financial strain and may harm the fragile relationship between children and their divorced parents.  Rather than worry whether or not you will receive payments, learn more about how Ohio courts will protect parents awarded custody and child support payments. 

In Ohio, failure to pay court-ordered child support payments result in multiple types of punishment.  Divorce decrees and child support orders are court orders.  Any breach of a court order is addressed as a serious matter.  If the child support-paying parent fails to make payments, the spouse who is denied these payments can petition the court for redress of his or her grievances.  One of the most common methods of extracting child support payments from an unwilling parent is to garnish wages.  In addition, the court can also enforce the previously ordered payments by suspending driving privileges, intercepting tax refunds, or assessing a property lien.  Work with a Columbus, Ohio child support lawyer to better understand which option will work best for your situation and what payment type you should request from the court. 

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