- DivorceWhen it comes to getting a divorce, there are many things you need to know in order to make the best decision for yourself and your family. One of the most important decisions you’ll make is whether to go through with a collaborative divorce or a traditional divorce. This article will explore the differences between these two types of divorces and help you decide which is right for you.
- Child SupportWhy is the answer to, “ What will I have to pay in child support when my income and my spouses’ income is more than $150,000 combined?” not so easy?
- Child Custody and VisitationWhen a court is determining child custody in a divorce matter, the primary consideration the best interest of the children. The court will consider a variety of factors when making a determination, including...
- Premarital AgreementHave you ever heard about the bride who is given a prenuptial agreement moments before walking down the aisle to get married? Many people believe that the agreement given to her moments before she takes her vows of marriage would hold up in Court. Me, not so much.
- GuardianshipA guardianship is a legal arrangement in which a court appoints a person, known as a guardian, to make decisions and take care of another person, known as a ward, who cannot care for themselves. Guardianships are typically established for individuals who cannot make decisions for themselves due to factors such as age, disability, or incapacity. There are two types of guardianships; Guardianship of the person and Guardianship of the estate A guardianship of the estate is a person who is responsible for the day-to-day care and well-being of the ward, while a guardian of the estate is responsible for managing the ward’s financial affairs.
- Spousal SupportThere is a long list of possible factors that are relied upon in determining whether you will get spousal support. Income of the parties, earning potential of the parties and the length of marriage are some of those factors. (Can we make a link to the Ohio factors of spousal support- revised Code?)
- Legal SeparationOn the other hand, separate property is any non-marital property you obtained before the marriage or after legal separation. This can include an inheritance or gifts you received during your marriage. For separate property, you need to be able to trace the property and have documentation that proves sole ownership like a deed, invoice, or will from an inheritance.
- AnnulmentYou have to prove that the marriage was void from the beginning to get an annulment. In Ohio, an annulment is where the court mandates that the marriage never took place. Unlike a divorce, the annulment cannot be granted unless the reason for the termination falls under one of the qualifying grounds. Qualifying grounds for annulment are the outstanding circumstances used to determine if the marriage was never legally binding, was made under force, was made to commit fraud, or was never consummated.
- Assault
- Restraining Order
- Estate PlanningEveryone should have a solid estate plan no matter what their sexual orientation. Estate planning for the LGBT community, however, is critical. It will provide protection even in the face of discrimination and when people may not be willing to recognize your relationship, even if married. The necessity of an estate plan is needed for times of incapacity, such as an illness or accident. Without an estate plan in place the parties may leave their spouse or partner without the ability to make any decisions on their behalf.
- Wills– a document that allows you to distribute assets to beneficiaries but without going through probate as a Last Will and Testament must. There are many different kinds of trusts which may benefit you depending on your circumstances and what your estate planning goals are. Trusts allow you to distribute to beneficiaries over a period of time instead of all at once as a Last Will and Testament does. You could also use a trust for a pet or to hold funds for a special needs family member.
- TrustsNot for your revocable living trusts. Your social security number is your tax identification number. If the trust is irrevocable (i.e., you cannot change it), then a tax i.d. number is needed. Irrevocable trust are usually created to own life insurance or gifts to children and grandchildren.
- Power of AttorneyYour 18-year-old high school student does need a Health Care Power of Attorney, Living Will, and HIPPA authorization.
- Probate
- Tax LawIf there is a major change in the tax law that could affect the work that has been done, will I be contacted?