ADOPTION
What is an adoption and what does it change?
An adoption is a legal process which alters the former legal relationship between the natural parents and substitutes a new relationship with the adoptive parents. The new legal status alters heir ship, support obligations, and parental control, among others, between the former parents and the substituted parents. There are alternatives to adopting a child. Under some circumstances, guardianship, change of name, custody through Juvenile Court, or acknowledgment of paternity may be more appropriate. Your Attorney will advise you as to the best course of action in your circumstances following your consultation.
The procedures required to accomplish an adoption vary depending upon the persons involved in the adoption and their relationship to the adopted person. An adopted person may be a child or an adult. Read More
ANNULMENT
What is an annulment?
Under certain circumstances, you may request the court to annul your marriage. A divorce "terminates" a recognized legal status, whereas an annulment establishes that a marital status never existed. Ohio law establishes six grounds for an annulment:
- One of the parties to the marriage was under the lawful age for entering into the marriage, which in Ohio is eighteen for males and sixteen for females.
- A prior spouse of either party was living at the time of your marriage and that marriage is still in force.
- One of the parties has been adjudicated by a court as being incompetent at the time of the marriage.
- Your consent to the marriage was obtained by fraud.
- Your consent to the marriage was obtained by force.
- The marriage between the parties was never consummated. Read More
DISSOLUTION
Dissolution is Ohio's form of a "no fault divorce."
Unlike a divorce, Dissolution does not include any "grounds" which must be proved to obtain the Dissolution Decree [see Divorce]. That is, one spouse need not prove that the other spouse has been unfaithful in any way. Thus, the "no fault" nature of the procedure.
The objectives of a divorce are obtained, climaxing with a Dissolution Decree, which separates the parties and provides a future road map for their legal relations. Only the procedure is different. It is in fact an agreed termination of the marital relationship, the decree of which has all the effects of a divorce decree. [See tab on Divorce] It has the advantage of being the swiftest form of marital separation of the three forms in Ohio, which are 1) contested divorce, 2) non-contested divorce, and 3) dissolution.
When a man and a woman are married, their legal relations to each other and to the State of Ohio are altered. The ramifications are many and far reaching including their participation in many government programs and taxation, to name just two areas. A divorce decree is an order by the court that a marriage contract be dissolved and that both parties be released from their obligations. Divorce is the process of separating the joined two individuals and realigning their once joined obligations between them. The decree and/or separation agreement made a part of the decree disposes of all property, child and spousal support, and any other matters between the parties. While the usual divorce will be completed within six months, the continuing affects of this realignment may span decades with further court involvement along the way. Read More
DIVORCE
Grounds:
Divorce in Ohio is fault based, that is one party is found by the Court to be at fault regarding one of eleven statutory grounds, which are:
- Either party had a husband or wife living at the time of the marriage from which the divorce is sought
- Willful absence of adverse party for one year
- Adultery
- Extreme cruelty
- Fraudulent contract
- Any Gross Neglect of Duty
- Habitual Drunkenness
- Imprisonment of adverse party in a state or federal prison when the petition is filed.
- Procurement of a divorce outside Ohio, by husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while such obligations remain binding upon the other party
- Living separate and apart, without cohabitation, without interruption, for one year
- Incompatibility, unless denied by the other party Read More
DOMESTIC VIOLENCE
What is domestic violence?
There are two kinds, one brought as a civil suit and one as a criminal action, which is brought by the prosecutor.
Civil Domestic Violence:
Domestic violence is through an act or conduct one causes a family or household member physical injury or fear of physical injury, a sexually oriented offense, or some harm to a child which would result in child abuse. "Family or household member" is defined broadly as any of the following who is residing with or has resided with the victim: I. A spouse, a person living as a spouse, or a former spouse of the offender; II. A parent or a child of the offender, or another person related by consanguinity or affinity to the offender; III. A parent or a child of a spouse, person living as a spouse, or former spouse, or another related by consanguinity to a spouse, person living as a spouse, or former spouse of the offender; IV. Natural parent of any child whom the offender is the other natural parent.
Criminal Domestic Violence:
Criminal domestic violence is attempting or actually causing physical harm to a family or household member or through the threat of force cause one to believe the offender will cause imminent physical harm. It is just as broad in defining a family or household member as is the civil domestic violence suit. The criminal law applies and the penalties begin with fourth degree misdemeanor or first degree misdemeanor depending upon the actual charge for a first offense and progressively increase upon multiple violations.
Criminal domestic violence actions are treated as criminal actions by this firm and are billed to the client on an hourly basis. Read More
ESTATE ADMINISTRATION
What is an estate administration?
Your loved one has died and perhaps someone has approached you regarding settling your loved one?s final affairs. What should you do? You may either accept appointment upon application to the probate court or you may decline to serve as administrator of the deceased?s estate. Read More
Let?s assume that your loved one had a personal will, and he or she named you in that will to be the Executor or Executrix to administer that will. You agreed.
What is an estate administration?
Briefly, an estate administration is the process by which the deceased?s estate, that is all his worldly possessions, expenses and obligations, are disposed of for the final time, according to the blueprint your loved one left, his Last Will and Testament. You will carry out your loved one?s instructions as laid down in the blueprint, with the assistance of your Attorney and the local probate court, all pursuant to law. Read More
LANDLORD TENANT
What can a tenant do if the landlord violates the law or lease terms?
If the landlord violates his obligations under the act, or any obligation imposed upon him by the rental agreement, the tenant may recover actual losses he has suffered, obtain injunctive relief to prevent the recurrence of the conduct, and obtain a judgment for reasonable attorney's fees, or may terminate the rental agreement. The tenant must follow the legal procedures under the law during his response to the landlord's conduct.
If you feel your landlord has not complied with the terms of your lease agreement or Ohio's laws, it is recommended that you seek legal counsel. Read More
POST DECREE
A post divorce decree action is one which is brought after a Decree of Divorce or Dissolution has been issued by the Domestic Relations Court. There are many kinds of actions which may be brought, including modifications of certain provisions of the Decree such as child support, spousal support, alterations of the parental rights and responsibilities, and visitation being the most common. Because they are legal actions, that is an issue brought before the court for resolution or approval, actions may be either agreed or contested by the parties. These are legal and factual issues which require legal pleadings to the court, hearings, witnesses, etc., depending upon the circumstances. Your Attorney will advise you regarding whatever actions may be available to you regarding your circumstances following an initial consultation. Remember, any action taken outside of the legal framework of the decree and subsequent orders may have a negative impact upon your interests. Do not ignore or treat these documents lightly. Your rights and financial interests may be adversely affected when the court does not see things as you do. Read More
PROPERTY
What should I know regarding a land contract?
A land contract must be in writing, notarized, and contain certain terms required by statute. It must be recorded in the county where the realty is situated in order to protect the buyer against any bona-fide purchasers who may later claim an interest in the realty. Less protection is afforded the buyer in the sense that if he defaults in the rental payments, the seller need only serve a written notice, the contents prescribed by law, that he intends to claim the land as forfeit by the seller. The buyer must make good his payments within thirty days or forfeit the contract. The seller need only request a court to return possession of the land to him through an eviction proceeding, similar to a renter of leased premises. This offers the buyer far less legal protection than if he had a mortgage arrangement for the purchase. However, if the buyer has made payments for a period of five years or more, or equal to twenty percent of the purchase price prior to the default, the seller must pursue a foreclosure and judicial sale of the foreclosed property. Read More
WILLS & TRUSTS
Why should you write a last will and testament?
A will is a legal instrument in which you may direct where and how your possessions are distributed upon your death, provide for the payment of your last bills, and provide for the administration of your estate. It is your blueprint regarding how you want your last affairs to be ordered. You create the blueprint. Read More
The typical will is composed of some basic parts:
- Executor's Powers of Administration
- Bequests & Devises
- Designation of Executor's, Executrixes, and Guardians
- Directives to the Executor on the payment of the Estate's expenses and the distribution of requests
- A signature and attestation page at the end, where you sign your will and it is witnessed by at least two individuals of legal age Read More