Blog | Divorce & Family Law Experts | Beth Silverman & Associates

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...