2016 | Beth Silverman & Associates

November 19, 2016 In Child Custody, Division of Assets and Debts, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: Is Legal Separation Right for Me?

There are many reasons why a client might consider a legal separation. Here, we will explain exactly what a legal separation is, and a few of the common reasons people seek to enter into a legal separation. First, it should be noted that a legal separation is not the same as a physical or “trial” separation. Many couples physically separate prior to terminating their marriage. These physical separations may be very informal, with one spouse moving out and the parties making informal agreements as to how they will divide time with their children and manage the monthly expenses. A physical separation could also be accomplished with the assistance of attorneys, who would help parties to negotiate these terms. This situation is different than a legal separation, which is a specific type of legal proceeding. In a legal separation, the parties go through essentially all of the same steps as they would in...

October 19, 2016 In Child Custody, Divorce, Support By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: Do Parents Have Legal Obligations to Emancipated Children?

While it is true that Ohio Courts are prohibited from issuing orders regarding the care and support of children after they turn 18 or graduate from high school, whichever occurs later, the Court can enforce agreements that parents make with one another. Many parents recognize that their children will need continued support beyond 18 and want to ensure that these expectations are clearly outlined and discussed in a divorce settlement. It is especially important to consider the following obligations during your negotiation: child support for children with disabilities, maintenance of health insurance, dependency deductions, and the payment of college education. If parents agree on these items and include the agreements as part of the divorce or dissolution decree, the agreements will be enforced by the court. Child Support for Children With Disabilities Monthly child support terminates when a child is 18 or graduates from high school except in the circumstance of a child...

September 5, 2016 In Child Custody By Beth Silverman

Cincinnati Family Law & Divorce Blog: You Need Not Worry That Custody Decisions Are Permanent

At the termination of a marriage, parents are encouraged to reach agreements about the care of their children, to avoid the court making those decisions. One of the biggest worries parents have, whether reaching their own agreement, or allowing the court to do so, is that they will be stuck with a parenting allocation or a fixed amount of child support for the duration of their child's minority. This is one worry that is unfounded. The court retains the authority ("maintains jurisdiction") to modify all orders concerning children. This means that parents may ask the court to change the parenting schedule, modify child support, terminate shared parenting and order sole custody and any other matter involving children. The law recognizes that the needs of children change over time, and recognizes it is the obligation of the court to determine what is in the best interest of a child at any given time. There are...

August 8, 2016 In Child Custody By Beth Silverman

Cincinnati Family Law & Divorce Blog: Can I Relocate During or After My Divorce?

July 11, 2016 In Divorce By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: Is Ohio a No Fault State?

According to Ohio statutes, grounds must exist to terminate a marriage by divorce. There are eleven grounds that permit a court to terminate a marriage. The first nine listed are considered “fault” grounds and the tenth ground of “living separate and apart without cohabitation for one year” is considered a “no fault” ground. Technically, incompatibility is not a ground for divorce, rather a status of the marriage that must be agreed upon by both parties which when agreed upon, allows a court to grant a divorce. As a practical matter, the majority of divorces are granted because the parties agree they are incompatible. The reason many people are seeking a divorce due to incompatibility or living separate and apart for more than one year is to avoid public accusations of wrongdoing. In the rare case where the parties do not agree that they are incompatible and they have not lived apart for...

June 13, 2016 In Division of Assets and Debts By Beth Silverman

Cincinnati Family Law & Divorce Blog: How Does Bankruptcy Impact Divorce?

It is not uncommon for the fields of bankruptcy law and divorce law to intersect. One way this can happen is if one or both parties file for bankruptcy while a divorce action is pending. Another way is if one party seeks to be relieved (“discharged”) from an obligation that arose out of a divorce or dissolution by filing for bankruptcy. This blog post will attempt to give a general overview of what happens in these specific situations. If a divorce action is pending and one or both parties file for bankruptcy, a court can still carry on aspects of the divorce case. While the law provides an automatic suspension (“stay”) of judicial proceedings, there are several exceptions. A court can still hear cases to establish paternity, establish or modify spousal support or child support, hear cases concerning child custody or visitation issues, or hold hearings related to domestic violence (11...

May 16, 2016 In Division of Assets and Debts By Beth Silverman

Cincinnati Family Law & Divorce Blog: How Will My Retirement Be Divided?

In a divorce or dissolution, the parties will divide their marital assets. Often, the largest and most valuable assets accumulated during the marriage are their retirement accounts. In dividing these assets, there are a number of important considerations to consider. First and foremost, retirement benefits are treated differently than other assets because they have different tax consequences. In most cases, the retirement benefits are pre-tax, meaning that once the party receives the benefit or draws from the balance of the account, he or she will pay income tax on that benefit. For this reason, these assets are typically not offset with the value of other assets such as bank accounts or the equity in a residence, or, if they are, tax adjustments will be made. In most cases, the retirement accounts are divided between the parties with separate court orders, such as a Qualified Domestic Relations Order (QDRO) or a Division...

April 14, 2016 In Division of Assets and Debts, Divorce By Beth Silverman

Cincinnati Family Law & Divorce Blog: Who Has The Right to Remain in the Marital Home?

In nearly all divorce cases, the question of what to do with the marital home will arise at some point. In some cases it is easy, neither party wants to stay and the home is sold, or only one party wants to stay and that person keeps the residence. But what about the cases where both parties want to stay in the marital home? How does the court decide? There are several factors that may come into consideration. Can you refinance? Often times, the mortgage on the marital home is in both parties’ names. This means that the party who wishes to stay in the home will typically need to prove that he or she has the present ability to refinance the loan into his or her own name. Refinances are usually required for two primary reasons; (1) the court favors financial disentanglement of parties to divorce cases, and (2) it...

March 7, 2016 In Divorce By Beth Silverman

Cincinnati Family Law & Divorce Blog: Do I Need a Lawyer, And How Do I Choose?

With so much information available on the internet, many people question if they need a lawyer in a family law matter. There are no legal proceedings that require a lawyer. The availability of family law forms on the internet has made it far more common for people to be unrepresented. The problem with forms on the internet is these forms are not prepared with your facts in mind. Nor are there explanations of considerations that must be made if other circumstances exist which are not covered by the forms. It may seem like a very simple matter, to just check certain boxes on the forms, but it's what you don’t know that can hurt you. As a general rule, if retirement benefits are going to be divided, professional assistance is needed because a specific order, known as a Qualified Domestic Relations Order, is required. Many people may not even understand, after looking...

February 22, 2016 In Division of Assets and Debts By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: Is it Mine or is it Ours: Tracing Separate Property Interests

A major consideration when contemplating a divorce is how assets and debts will be divided between the spouses. In Ohio, any asset or debt accumulated during the course of a marriage is presumed marital and subject to division by the court unless it can be shown that the asset or debt is separate or non-marital. There are three main types of separate property: inheritance, gifts, and property owned prior to marriage. These categories of property are not subject to division by the Court. To the extent that any asset or debt is solely the separate property of one spouse, then that spouse will retain the asset or debt in the divorce free from any claims the other spouse. Complications arise when a spouse's separate property is commingled with marital property. For example, Wife receives an inheritance when her father passes away. This money, if deposited in a separate account with no...