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...

Cincinnati Family Law & Divorce Blog: What is a Divorce Restraining Order?

When a party files for divorce in most Ohio counties, the Court will automatically issue a Temporary Restraining Order ("TRO") that prohibits either spouse from taking certain actions while the case is pending in Court.  The Court issues these orders as a matter of course, without a specific request by the parties, to ensure that the status quo is not changed unilaterally by either spouse.   Temporary restraining orders can vary from county to county so it is imperative that you review the specific order issued by the Court where your case is pending.  Typically, these restraining orders include the following prohibitions: removing children from the county where they reside at the time of filing for purposes of establishing a residence, selling or otherwise disposing of property owned by the parties, changing or canceling insurance of any kind (life, health, car, etc.), withdrawing funds from any retirement or investment accounts,  or incurring...

Cincinnati Family Law & Divorce Blog: How to Obtain Exclusive Occupancy of the Marital Residence

During a divorce proceeding, it is not uncommon for one party to want exclusive occupancy of the marital residence, meaning that the other party would be required to vacate the residence and would not be permitted to enter without the remaining spouse's permission. Unless there is a court order granting one party exclusive occupancy, both spouses have the right to remain in the marital residence regardless of how the house is titled.   Often one spouse may voluntarily vacate the residence. Such an action does not cause the vacating spouse to lose any property rights he or she has in the house. However, if the parties have minor children, vacating the residence could have an impact on the allocation of parental rights and responsibilities. Therefore, a party should consult with an attorney about what impact this may have on the parenting issues prior to taking any action.   The process of obtaining exclusive occupancy...