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Beth Silverman & Associates / 2016 (Page 2)
February 8, 2016 In LGBT By Beth Silverman

Cincinnati Family Law & Divorce Blog: Same-Sex Marriage Questions & Answers

With its decision in Obergefell v. Hodges (June 26, 2015), the United States Supreme Court has secured the right to marriage, and also divorce, for all same-sex couples across the country. Following this momentous decision, gay and lesbian couples now have an array of legal options that were previously unavailable. Along with these options may come some questions. In this post, we will attempt to answer a few of the most common questions that have come up since same-sex marriage was legalized. The first and most obvious is, can I now marry my partner anywhere in the country? And the answer is yes! Now for some more difficult questions:   Q: If I was previously married in a state that allowed same-sex marriage, can I now get divorced anywhere?   A: Yes, but you still must meet the general requirements for jurisdiction and venue that exist for all divorces. In Ohio, you must reside...

January 25, 2016 In Division of Assets and Debts By Beth Silverman

Cincinnati Family Law & Divorce Blog: The Question of Moving Out of the Marital Home

One of the most common misconceptions is that a person will be found to have “abandoned” their home, by moving out, and that there will be a loss of rights resulting from this action. There is nothing in Ohio law that provides for a loss of rights if one moves out of the marital home. The home continues to be a marital asset and both spouses will be entitled to share in the value of the marital home, subject to other legal principles surrounding the source of the funds that were used to purchase the home.   However, there are considerations that should be made, in deciding whether to move out of your home when a divorce is being considered.   The first consideration is whether there are minor children. If there are minor children, and custody of those children is in dispute, the court may give stronger weight to award temporary custody to...