At Keller, Barrett & Higgins, we believe that legal representation should be more than just a service—it should be a partnership. With our team of dedicated attorneys, we offer comprehensive legal solutions tailored to your unique needs and goals.
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When it comes to legal matters, choosing the right representation can make all the difference. When you choose Keller, Barrett & Higgins, you're choosing a legal team that's dedicated to your success. Contact us today to learn more about how we can help you with your legal needs.
Here's why Keller, Barrett & Higgins stands out:
With decades of combined experience, our attorneys bring a wealth of knowledge and expertise to every case. From complex litigation to intricate estate planning, we have the skills and insight to navigate even the most challenging legal issues.
We understand that every client is unique, which is why we take a personalized approach to each case. You'll work directly with one of our attorneys who will take the time to understand your needs, goals, and concerns. Your success is our top priority, and we'll go above and beyond to achieve the best possible outcome for you.
At Keller, Barrett & Higgins, we're committed to excellence in everything we do. We hold ourselves to the highest standards of professionalism, integrity, and ethics, ensuring that you receive the quality representation you deserve.
We take a strategic approach to every case, looking beyond the immediate issues to anticipate future challenges and opportunities. Whether it's negotiating a settlement or litigating in court, we'll develop a customized strategy designed to meet your specific objectives and protect your interests.
Don't just take our word for it - read what our satisfied clients have to say! Check out our testimonials section.
From start to finish, we'll be by your side, providing comprehensive support and guidance every step of the way. Whether you're facing a divorce, starting a business, or planning your estate, we offer a full range of legal services to meet all your needs.
At Keller, Barrett & Higgins, we offer a wide range of legal services to meet the diverse needs of our clients. Whether you're dealing with a family matter, starting a business, or planning for the future, our experienced attorneys are here to provide the guidance and support you need.
From estate planning to business law, we have the knowledge and expertise to help you navigate the complexities of the legal system and achieve your goals. Whatever your legal needs may be, you can count on us to provide personalized attention, strategic thinking, and exceptional service every step of the way.
Explore our insightful case studies showcasing successful legal outcomes achieved by Keller, Barrett & Higgins, LLC.
Our satisfied clients share their experiences and testimonials about their legal journey with Keller, Barrett, and Higgins.
J. Ellen Keller was wonderful to work with on our Estate Planning. Thoughtful discussions, meaningful guidance on all of the various considerations and appropriate documents. Professional, courteous and caring; everything you would want from someone helping you with this process. My wife and I are very pleased to have been given Ellen's name as a reference.
"Tina Barrett was highly recommended by a friend that was aware of my desire to divorce my husband. Tina was able to put me at ease and help me through this difficult time. She helped me when I was scared and She always seem to be one step ahead. She was fair and never second guessed herself to help me see both sides and do what it is right. I would have never been able to go through this time if it wasn’t for her."
Great service. Worked with us to update our original documents when we had to move out of state!
Couldn't be more pleased with the professionalism and thoroughness.
Ellen and Tina handled our needs with compassion and understanding. They both demonstrate professionalism and knowledge of legal issues. We trust their expertise.
Ellen executed my family's Estate plan. She was prompt in her communication and receptive to our needs. She was professional, organized, and thorough. We were able to complete our Estate plan within two weeks. Highly recommend.
Keller, Barrett & Higgins, in my opinion, is the best law firm in Cincinnati. They provide a tremendous amount of expertise and service. Their attention to detail and their personal engagement during the process is much appreciated. The partners at KBH have helped me so much with both family law and business contracts, I'm thankful to work with them.
Like many people, my wife and I needed to start from the beginning and create an estate plan. Whitney Ellison was totally fantastic! She listened carefully and created all of the documents we need. And not just for today. The plan is flexible enough that it can be changed as we age. Equally important, we now have a trusted advisor that can help with any legal issues that might come up. We highly recommend Whitney and her entire team!
At KBH, we've compiled a list of common questions to provide you with quick answers and insights into our services.
In most cases, you need a physical address within the state where you're forming the LLC or corporation. This address is typically used as the registered office address for receiving legal notices and official correspondence.
A Memorandum of Understanding (MOU) and a contract are both documents that record agreements between parties, but they serve different purposes and have different legal standings.
Memorandum of Understanding (MOU): An MOU is typically used as a preliminary agreement, outlining the basic principles and intent of the parties involved. It's often employed in the early stages of negotiations, serving as a written understanding of the proposed deal or partnership. MOUs are generally not intended to be legally binding; instead, they represent a commitment to move forward in good faith. This type of agreement is useful for creating a framework for the parties’ expectations and responsibilities before a formal contract is executed. It's particularly common in complex negotiations that require multiple stages of agreement, or when the parties do not wish to create legal obligations at an early stage.
Contract: In contrast, a contract is a legally binding agreement that is meant to be enforceable in a court of law. Contracts are detailed and include specific terms that clearly define the rights, duties, and obligations of each party. They are the final agreements that result from negotiations and must adhere to principles of contract law, such as offer, acceptance, intention to create legal relations, and consideration. Contracts can be enforced by law if one party fails to meet their obligations, providing security and assurance to all parties involved.
The main distinction between an MOU and a contract lies in their enforceability and the detail of the obligations they impose. While an MOU is more about intention and agreement to pursue a common goal, a contract is a commitment with enforceable rights and duties. Understanding these differences is crucial for parties entering into agreements, as it affects how they prepare and negotiate the terms of their relationship.
A business plan is a comprehensive document outlining the goals, strategies, and operations of a business. It serves as a roadmap for entrepreneurs, guiding them through the startup process and helping them secure funding from investors or lenders. Essentially, it's the blueprint that transforms a business idea into a viable and successful venture.
Yes, it's possible to change your business structure through a process called "conversion" or "entity conversion," although the process and requirements may vary by state. Consulting with a business attorney or accountant can help navigate this transition.
LLCs offer pass-through taxation, meaning profits and losses pass through to the owners' personal tax returns. Corporations have separate taxation, with C corporations being subject to double taxation (taxed at both the corporate and individual levels) and S corporations having pass-through taxation like LLCs.
A sales contract is a legal agreement between a buyer and a seller that outlines the terms and conditions of a sale transaction. It should contain elements such as the identities of the parties, description of the goods or services being sold, price and payment terms, delivery and acceptance conditions, warranties and disclaimers, and dispute resolution mechanisms.
A non-disclosure agreement (NDA) is a legal contract that establishes confidentiality between parties and protects sensitive information from being disclosed to third parties. It's used in business when sharing proprietary or confidential information, such as trade secrets, business plans, or client lists, with employees, contractors, partners, or potential investors
A shareholders' agreement is a legal document that governs the relationship between shareholders in a corporation. It's important for corporations as it helps protect the interests of shareholders, establish rules for decision-making and dispute resolution, and ensure the smooth operation of the company.
An operating agreement is a legal document that outlines the internal operations, management structure, and ownership rights of a limited liability company (LLC). It's necessary for LLCs as it helps establish the rights and responsibilities of members, provides clarity on decision-making processes, and ensures compliance with state regulations. As the owners of an LLC (members) are not included in the Articles of Organization, often an Operating Agreement is the document that proves your ownership of the company.
A partnership agreement is a legal document that outlines the rights, responsibilities, and expectations of partners in a business venture. It's essential for business partnerships as it helps prevent misunderstandings, conflicts, and disputes by clearly defining each partner's role, profit-sharing arrangements, decision-making processes, and procedures for resolving conflicts.
A memorandum of understanding (MOU) is a non-binding agreement between two or more parties outlining their mutual understanding and intentions regarding a particular matter. It's often used in business to establish the framework for future negotiations or collaborations, providing clarity on key terms and expectations.
The time frame varies depending on the state and the method of filing. In some states, it can take as little as a few days to a few weeks to complete the formation process, while others may have longer processing times.
While it's possible to form an LLC or a corporation on your own using online formation services or DIY resources, seeking legal assistance can help ensure compliance with state laws, understand tax implications, and address specific business needs or concerns.
Generally, most businesses are eligible to be formed as either an LLC or a corporation, but specific eligibility requirements may vary by state. It's essential to research the regulations and requirements in your jurisdiction and consider factors like business purpose, ownership structure, and tax preferences.
Choosing between an LLC and a corporation depends on factors like your business goals, liability concerns, tax preferences, and management structure. LLCs offer flexibility, simpler management, and pass-through taxation, while corporations provide strong liability protection, potential tax advantages, and access to capital markets.
An LLC (Limited Liability Company) and a corporation are both business entities that offer liability protection to their owners, but they have different structures and taxation methods. LLCs offer more flexibility in management and taxation, while corporations have a more rigid structure and separate taxation as either a C corporation or an S corporation.
The duration of probate can vary significantly. A straightforward estate with minimal assets and no outstanding debts might be settled within about six months. However, the process can extend if there are complications such as the need for an estate tax return or unresolved debts, as creditors have six months to claim against the estate. More complex situations involving business interests or properties in multiple states can prolong the probate process, potentially taking more than a year.
Probate is a legal process overseen by the court to administer the distribution of an estate after someone passes away. During this process, an Executor or Administrator, appointed by the court, is authorized to settle debts and taxes. Once these obligations are fulfilled, the remaining assets are distributed to the heirs or beneficiaries according to the will or state law if there is no will.
Required documents usually include a petition for name change, proof of identity (such as a driver's license or passport), and any other supporting documentation required by the court, such as a marriage certificate or divorce decree.
The timeframe can vary depending on the jurisdiction and whether any objections are raised. In many cases, the process takes a few months from the filing of the petition to the issuance of a court order.
The process typically involves filing a petition with the probate court, providing necessary documentation, publishing a notice of the name change in a local newspaper (in some jurisdictions), attending a court hearing if required, and obtaining a court order approving the name change.
A name change in probate law is a legal process where an individual petitions the court to change their name. People pursue name changes for various reasons, such as adopting a new identity, aligning with their gender identity, or simply preferring a different name.
The costs associated with guardianship proceedings may include court filing fees, attorney fees, guardian ad litem fees, and other administrative expenses. The specific costs can vary depending on the complexity of the case and jurisdiction.
Yes, a guardian can be removed or replaced if there is evidence of misconduct, neglect, or incompetence. The court may initiate removal proceedings based on a petition filed by interested parties or on its own motion.
The duties and responsibilities of a guardian typically include making decisions related to the individual's personal care, health, living arrangements, and financial affairs. The guardian is obligated to act in the best interests of the individual and must regularly report to the court regarding their decisions and actions. The actual duties and responsibilities depend on whether one is appointed guardian of the person and/or estate.
Guardianship is established through a legal process in which a petition is filed with the court, a hearing is held to determine the individual's incapacity, and if necessary, a guardian is appointed by the court based on the evidence presented.
Any competent adult can potentially be appointed as a guardian, although certain factors such as suitability, relationship to the individual, and ability to fulfill the responsibilities may be considered by the court when making the appointment.
Guardianship in probate law refers to the legal appointment of a guardian to make decisions for someone who is unable to make decisions for themselves due to incapacity. It becomes necessary when an individual, such as a minor or incapacitated adult, requires assistance with personal care, health decisions, or managing their affairs.
Probate is the legal process of validating a will and distributing the deceased person's assets according to their wishes. It involves proving in court that the will is valid, settling debts and taxes, and distributing remaining assets to beneficiaries.
Yes, one of the primary benefits of a trust is that assets held in the trust typically avoid probate, which can save time, money, and maintain privacy since probate proceedings are public record.
Probate is a court-supervised proceeding where an estate is administered. The Executor or Administrator is given authority by the Court to pay debts, claims, and taxes. The remaining assets are liquidated and distributed among the beneficiaries.
Estate planning is a crucial process involving the creation and execution of various legal documents to dictate the distribution of your assets and address potential incapacitation scenarios. In Cincinnati, Ohio, Keller, Barrett & Higgins specializes in comprehensive estate planning, including the unique expertise of Ellen in Special Needs Trusts and Healthcare Directives.
Key components of an estate plan typically encompass four essential documents:
It's important to note that each document within the estate plan must adhere to distinct legal requirements, such as the presence of witnesses during signing, to be legally binding. For a seamless and legally sound estate plan tailored to your individual needs, we recommend consulting with the experienced estate planning lawyers at Keller, Barrett & Higgins in Cincinnati.
Ready to empower your business with expert legal guidance? Contact Keller, Barrett & Higgins today to schedule a consultation with our experienced attorneys.
Creating a power of attorney (POA) is a significant legal step that can impact your financial and personal matters. While you can draft a POA without legal assistance, using a lawyer's expertise is highly advisable to ensure that the document is valid, effective, and tailored to your specific circumstances. A lawyer will help you understand the different types of powers of attorney available and guide you in choosing the one that best fits your needs.
At Keller, Barrett & Higgins, our experienced attorneys can provide you with the necessary guidance to create a POA that accurately reflects your wishes and complies with Ohio law. We can help you navigate complex decisions, such as choosing the right type of POA, selecting a trustworthy agent, and defining the scope of powers granted. Our team will ensure that your POA addresses all potential contingencies and is executed correctly, avoiding common pitfalls that could make the document invalid or ineffective.
Choosing the right person to act as your attorney-in-fact is crucial. You'll want to select someone you trust implicitly, who is responsible, reliable, and capable of making decisions in your best interests. This could be a family member, friend, or professional advisor.
In Ohio, as in other states, a Power of Attorney (POA) is a legal document that grants one person (the agent or attorney-in-fact) the authority to act on behalf of another person (the principal). The scope and duration of these powers can vary widely depending on the type of POA. Understanding the different types of POAs can help individuals choose the one that best suits their needs:
Each type of power of attorney serves a specific purpose and offers different levels of control and protection. It's important for individuals considering a POA to consult with a legal professional to fully understand the implications and ensure the document is drafted according to Ohio laws to meet their specific needs and circumstances.
Choosing the right healthcare agent is crucial. You should select someone you trust implicitly, who knows your values and preferences regarding medical treatment, and who is willing and able to advocate for your wishes. It's essential to have open and honest conversations with potential agents to ensure they understand your wishes.
Anyone over the age of 18 who wants to ensure their affairs are managed according to their wishes in the event they become incapacitated should consider having a power of attorney. This applies to individuals of all ages and backgrounds.
A power of attorney is a legal document that grants someone else the authority to act on your behalf in financial, legal, or healthcare matters. In estate planning, a power of attorney allows you to appoint someone to manage your affairs if you become unable to do so yourself due to incapacity or other reasons.
A special needs trust can cover a wide range of expenses that enhance the beneficiary's quality of life and well-being, including medical and dental care, therapy and rehabilitation, education and vocational training, housing and transportation, recreational activities, and personal care services.
Yes, one of the primary purposes of a special needs trust is to protect the beneficiary's eligibility for government benefits such as Supplemental Security Income (SSI) and Medicaid. By placing assets into a special needs trust, they are not counted as a resource for benefit eligibility purposes.
A living will is a document that specifies your wishes regarding medical treatment in specific situations, such as life-sustaining treatments or end-of-life care. A healthcare power of attorney appoints someone to make healthcare decisions for you if you're unable to do so. While a living will provides guidance on medical preferences, a healthcare power of attorney designates someone to act on your behalf.
Anyone over the age of 18, regardless of health status, should consider having a healthcare directive. Accidents and unexpected medical emergencies can happen at any age, and having a directive ensures your preferences are known and respected.
A healthcare directive, also known as an advance directive or living will, is a legal document that outlines your healthcare preferences and appoints someone to make medical decisions on your behalf if you become unable to communicate or make decisions for yourself. It's crucial in estate planning because it ensures your wishes are followed regarding medical treatment, alleviating potential burdens on your loved ones during difficult times.
The primary beneficiaries of a special needs trust are individuals with disabilities or special needs who may require long-term care or assistance. These trusts are often established by family members or guardians to ensure the ongoing financial support and well-being of their loved one with special needs.
A special needs trust (SNT) is a legal arrangement designed to provide for the financial needs of individuals with disabilities or special needs without jeopardizing their eligibility for government benefits. It works by holding assets for the benefit of the individual with special needs, with a designated trustee managing the assets and using them to supplement the individual's care and quality of life.
When the grantor of a trust passes away, the trust becomes irrevocable, meaning it cannot be changed. The successor trustee then takes over the management and distribution of trust assets according to the instructions outlined in the trust document.
In most cases, you can change or amend a revocable trust during your lifetime by creating a trust amendment. However, irrevocable trusts are typically more difficult to change and may require court approval in some instances.
A trust can protect assets and beneficiaries by allowing for controlled distribution of assets over time, protecting assets from creditors and lawsuits, providing for minors or beneficiaries with special needs, and ensuring assets are managed according to your wishes.
A revocable trust allows the grantor to make changes or revoke the trust during their lifetime, while an irrevocable trust cannot be changed or revoked once established. Revocable trusts offer more flexibility but do not provide the same level of asset protection or tax benefits as irrevocable trusts.
The taxation of trusts depends on various factors, including the type of trust, the nature of the assets, and how income and distributions are structured. Trusts may be subject to income tax, capital gains tax, estate tax, and/or generation-skipping transfer tax, so it's essential to consult with a tax professional for guidance.
Yes, you can serve as the trustee of your own revocable living trust, which allows you to retain control over the trust assets during your lifetime. However, for certain types of trusts or specific legal requirements, you may need to appoint a separate trustee.
Virtually any type of asset can be placed into a trust, including real estate, investments, bank accounts, vehicles, personal property, business interests, and life insurance policies.
While it's possible to create a trust without a lawyer, it's highly recommended to seek legal assistance, especially for complex trusts or if you want to ensure your trust is legally valid and tailored to your specific needs and goals.
To establish a trust, you'll need to create a trust document outlining your wishes, name a trustee to manage the trust assets (typically yourself during your lifetime), transfer assets into the trust, and ensure the trust is properly funded and administered according to the law.
There are various types of trusts, including revocable trusts, irrevocable trusts, living trusts, testamentary trusts, special needs trusts, charitable trusts, and asset protection trusts. Each type serves different purposes and offers unique benefits.
Individuals with minor children, significant assets, or complex family situations can greatly benefit from incorporating a trust into their estate plan. Many people incorporate a trust, because it is a simple way to avoid your heirs having to go through probate (Court process).
Creating a trust offers several benefits, such as avoiding probate, maintaining privacy, providing for minor children or beneficiaries with special needs, minimizing estate taxes, and offering your heirs asset protection from creditors and lawsuits.
A trust is like a container that holds assets for the benefit of someone else, known as the beneficiary. It works in estate planning by allowing you (the grantor) to transfer your assets into the trust during your lifetime or upon your death, and then a designated trustee manages and distributes those assets according to your instructions outlined in the trust document.
It's essential to store your will in a safe and accessible place, such as a secure home safe or fireproof box. Make sure your executor and/or trusted family members know where to find the will and how to access it when needed. Additionally, keep a copy of your will in digital form (and share with appropriate people).
Yes, a will can be challenged based on mental capacity if there are concerns that the person creating the will (the testator) did not have the necessary mental capacity at the time the will was made. This often involves proving that the testator did not understand the nature and extent of their assets or the consequences of their decisions when creating the will.
It's generally a good idea to discuss your will with your family, especially if your decisions might be unexpected or if there are concerns about potential disputes after your passing. Open communication can help avoid misunderstandings and conflicts among family members.
Yes, you can disinherit someone in your will, but it's essential to do so explicitly and legally. This typically involves stating in your will that you are intentionally omitting someone as a beneficiary and providing reasons for your decision.
To ensure your will is legally binding, it's important to follow the legal requirements of your jurisdiction, such as signing the document in the presence of witnesses. Working with a lawyer who specializes in estate planning can also help ensure your will meets all legal requirements.
Yes, you can create a will if you own property in multiple states or countries. However, it's essential to ensure that your will complies with the laws of each jurisdiction where you have assets. Further, having property in multiple states is a reason to consider utilizing a Living Trust. Consulting with a lawyer who understands international or multi-state estate planning is recommended in such cases.
Yes, there can be taxes associated with wills and estate planning, such as estate taxes and inheritance taxes. However, the specifics vary depending on factors like the size of your estate and where you live. Currently, Ohio has neither estate nor inheritance taxes. Consulting with an tax professional or estate planning attorney can help you understand and minimize potential tax implications.
A living will, also known as an advance directive, is a legal document that outlines your wishes for end-of-life treatment in case you become incapacitated and unable to communicate. It differs from a traditional will, which deals with the distribution of assets after death
Yes, you can leave assets to minors in your will. However, it's often recommended to set up a trust or designate a custodian to manage the assets until the minors reach a certain age.
An executor is responsible for carrying out the instructions in your will after you pass away. Their duties include gathering and managing your assets, paying debts and taxes, and distributing your assets to your beneficiaries according to your wishes. While your will appoints the executor, they don’t have any power until the Probate Court issues their Letters of Authority.
It's a good idea to review your will every few years, or whenever there's a significant change in your life circumstances. This ensures that your will remains up-to-date and accurately reflects your wishes.
Yes, you can absolutely change your will. Life circumstances change, so it's important to review and update your will regularly to reflect any major life events such as marriage, divorce, births, deaths, or changes in financial status.
A will should include details about who you want to inherit your assets, who you appoint as executor (the person responsible for carrying out your wishes), and who should be the guardianship for any minor children.
While it's not a legal requirement to have a lawyer create your will, it's highly recommended, especially if your situation is complex or if you want to ensure your will is legally binding and accurately reflects your wishes
If someone dies without a will, their assets will be distributed according to the intestacy laws of their state or country. This means the government decides who gets what, which might not align with your wishes. It can also lead to lengthy legal processes and disputes among family members.
A will, often called a last will and testament, is a legal document that outlines how you want your assets distributed after you die. It's crucial because it allows you to have a say in what happens to your belongings, ensuring your loved ones are taken care of according to your wishes.
There are many types of trusts. But the one most commonly involved in estate planning is the Revocable Living Trust. "Revocable" means it can be amended and revoked. "Living" means it is created, and often funded, during the lifetime of the grantor (person creating the trust). We like to use Revocable Living Trusts to avoid Probate, to hold assets for minor or irresponsible beneficiaries. Revocable Living Trusts, like a Will, contain directions for holding and administering assets after death. Unlike a Will, trusts are private documents that do not need to be filed with the Probate Court.
No, visitation (parenting time) and child support are two distinct considerations in the eyes of the Court. In nearly all jurisdictions, the right to visitation is never conditional on payment of child support. Instead, child support arrearages should be addressed through the state's child enforcement office or through a contempt of court proceeding. Visitation is not a benefit of being a parent so much as it is the right of the child to have a relationship with both parents. One party’s failure to meet financial obligations might affect custody determinations, but parenting time is for the child.
Both parents have a duty of support to their minor children and that will not terminate with the parent’s relationship or marriage. How that duty is divided depends upon a lot of things including but not limited to the ability of each parent to provide support and the past practices of the parents. But there are hard and fast rules on support set forth in the Ohio Revised Code. The Legislature has devised a schedule of support based upon the incomes of the parents and the number of children involved. Like everything else it’s more complicated than that. But support will be calculated by formula and the results of that may or may not be modified based upon what the parents agree is best for the children or the Court decides what is best for the children.
An example of community property includes assets and debts acquired by both spouses during the marriage, such as:
In community property states, these assets and debts are generally considered equally owned by both spouses and are subject to equal division upon divorce.
I include this question only because I am asked it by every client in any sort of disagreement with the other parent. I always say “18” and notwithstanding what is in the previous answer I stand by it. Two-year-olds have opinions on where they want to go and when, as do 16-year-olds, but the whole point of parenting is to protect them from the effects of bad decision making. If you let your kids decide what is best, you are letting your kids raise themselves. I’m not saying to ignore their wishes and thoughts, I’m saying that parents should always decide and if the parents cannot decide they don’t leave it to the kids to join forces with one side or the other. That will have negative consequences in and of itself even if they choose wisely. Listen to your kids as soon as they can talk; but let them be kids and don’t grant them or burden them with things that even parents have trouble deciding.
Child psychology and development experts generally agree that children of different ages have different needs regarding child custody and visitation scheduling. Experts generally recommend a visitation schedule based on a child's age and his or her need for structure and stability, which may be adjusted as needed to account for differences in parenting skills. When parents enter into a shared parenting arrangement, a different schedule may be used. If a child is of a sufficient age and maturity level, he or she may also have an opinion about custody and visitation arrangements.
You probably already have custody of your kids. If you gave birth to them or adopted them you have custody and if you were married to the person who gave birth to your children at the time of their birth you have custody of them. That is the status quo and one thing Courts like is status quo so the usual answer to that is ‘Yes.’ But what you really want to know perhaps is how will your custody stack up against the other parent? Hopefully, for the sake of your kids and your bank account the answer to that is that you will keep doing whatever it is you are doing now. That is, you and your spouse will continue to deal with the rights and responsibilities of parenting your children together, each according to his/her best abilities. Maybe that means continuing to share custody with a Shared Parenting Plan, or maybe it means one of you will have sole custody and the other will have parenting time and other rights short of full custody. The biggest issue to resolve in any relationship involving children is how to do what is best for the kids. You are either going to have to hash that out with the other parent, the one you decided to either procreate or adopt with, or let “the Court,” people you do not know, do it for you.
The Court often gets involved but in my experience they rarely need to if people could just set aside their animosity and unrealistic expectations of one another. Then again, if everyone did that I might have to find a new job so I merely offer it as advice. People often ignore my advice, I’ve learned to live with it. If you and the other parent cannot agree on what is best, you will have to go to a trial. Before you go to a trial on issues pertaining to your children I hope that you have sought the advice of an experienced domestic relations attorney, been to as much counseling as you can afford, reached out to the other parent as amicably as you know how, attended as many mediation sessions as are allowed and searched your soul so much that you can draw the interior by memory. I can take you through a custody trial, I’ve done it before and I will do it again. Sometimes it’s necessary and the only thing that can be done even keeping that lofty goal of “best interests of the children” in your heart and mind. I have yet to enjoy one and there is no “winning.” But I can do it and I will but hopefully you’ve figured out by now that is not going to be my aim. In my opinion you should not hire an attorney who approaches things any differently than that.
When you are married to someone, part of the marital contract is a duty of support. You each owe a duty of support to one another. That duty can continue after the termination of the marriage if you both agree it should or if the Court makes that decision for you. Such an agreement or order is what we call “Spousal Support” or “Alimony.” There are lots of considerations that go into deciding if that duty of support will continue beyond the marriage and if so who will owe it, how much they will owe and for how long. There is a long list of factors that need to be considered and one of them is “any factor the Court expressly finds to be relevant and equitable” so suffice it to say a lot can be considered and argued when it comes to spousal support. http://codes.ohio.gov/orc/3105
There are no hard and fast rules about spousal support but painting with a very broad brush it can be said that the primary wage earner in a long-term marriage is probably going to pay some support. I could talk all day long about what “primary wage earner,” “long-term marriage,” and “some support” mean. This is where you need to have a discussion with an attorney familiar with the domestic relations laws of your state and the proclivities of the Domestic Relations Court in your county of residence.
When you are married you hold assets and liabilities together, we call that your “Property” no matter whose name is on the asset or liability. The presumption when you are married is that everything you own and everything you owe together and individually is marital and belonging to both spouses. If you stay married that continues to happen, if you terminate your marriage those assets and liabilities need to be divided somehow. That presumption that it is all marital is a ‘rebuttable’ presumption though, meaning that either spouse can argue something is separate and not to be shared and that’s where things can get complicated. If you had assets before you got married, inherited assets or were given gifts to you alone during your marriage, those assets might belong only to you and not your spouse. There are also situations in which some debts are not deemed marital as well. The key to determining what is marital and what is separate starts with the spouses and their opinions on the matter and if that doesn’t yield agreement, it ends with the documentation of the nature of each asset and liability and what the Court decides.
Though many jurisdictions have moved on to a solely no-fault divorce system, there are some that still require an allegation of fault on the part of one spouse before a marriage can be dissolved. A fault-based divorce is one in which one party blames the other for the failure of the marriage by citing a legal wrong. Grounds for a fault-based divorce vary by state but typically include adultery, physical or mental cruelty, desertion, alcohol or drug abuse, insanity, impotence, fraud, or infecting the other spouse with a venereal disease. Trials on the grounds for divorce are not common even when one party does not want the divorce. Courts are no longer inclined to make people stay married and proving the grounds necessary for divorce is not the obstacle it once was. If you want to terminate your marriage you can, with or without your spouse’s consent. It’s easier and quicker if everyone agrees it’s time to call it quits, but not impossible otherwise.
If your marriage is terminated the marital contract is terminated and to do that, the three big contractual obligations in a marriage have to be considered (Property, Support and Children). In a dissolution you come to agreements on everything, reduce it to writing and take it to the Court. In a divorce you start with the Court and either work through the issues to come up with agreements while the Court watches over, or let the Court make those decisions for you and hope for the best. The end result of divorce and dissolution are the same, they are simply procedurally different mechanisms to terminate a marriage. A dissolution is often called a “No Fault” divorce but all that really means is that the parties have agreed that they are incompatible and they have decided to do all the work necessary before asking for the Court to get involved.
At one time it was necessary to prove that the other spouse had failed in some way in the marriage and now you as their spouse are entitled to terminate the marriage and potentially have them suffer some sort of punishment in the determination of the division or assets, allocation of custody of children and/or award of spousal support. Those “grounds” or failures still exist in the law but Courts rarely punish a spouse for the kind of bad behavior the other spouse believes is punishable. If your spouse is cheating on you the remedy is divorce but it’s not necessarily a way to undo the harm. If your spouse is lazy and won’t contribute to the marital coffers the way you think he/she should, the remedy is divorce but that may not mean he/she won’t share equally in all the work you have done during the marriage
I’ve been doing this for more than 15 years and I’ve been involved in hundreds if not thousands of divorces and dissolutions but I’ve only seen two annulments so that’s probably not going to be an option for most people. The grounds for annulment rarely apply. An annulment voids the marriage and the contract because, for good reason it is deemed that a contract either never should have taken place or was never completed. Only in very extreme circumstances is that the case. Section 3105.31 | Causes for annulment
This is usually the first thing people ask me, it’s why they say they want to talk to me in the first place. They are having some trouble in their marriage and they want to know what options might be available. I’m going to presume you already know that “stay married” is an option unless your spouse is the one wanting to terminate the marriage so I’ll skip that one and assume that the goal is to leave your marriage. You have three legal options in Ohio and most states’ domestic laws are similar:
1-Annulment;
2-Divorce; and
3-Dissolution
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