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Dublin Family Law Blog

How a pour-over will works in Ohio

Thoughtful estate planning now can save your loved ones hassle and expense down the road. If you have arrived at the stage of making arrangements, you may be considering various options.

valid will is one way to convey your wishes concerning your estate. Some Ohio residents may also want to use a living trust, which can cut down on probate procedures and afford tax benefits.

Child custody: what is 'reasonable' versus 'fixed' visitation?

It goes without saying that most parents in Ohio want to raise their child in a healthy, loving and nurturing environment. So, if a parent is going through a divorce they may fear that it will threaten the stability in their child's life. Moreover, they may want to ensure that they are able to spend enough time with their child post-divorce so that they can maintain a close relationship with their child.

However, it is not always the case that following a divorce a child will spend exactly half of his or her time with each parent. Oftentimes one parent is awarded physical custody of the child, and the other parent is awarded visitation with the child. This visitation may either be reasonable visitation or fixed visitation.

Family law encompasses a wide variety of issues

Some people in Ohio may think that attorneys who practice in family law only deal with divorces. They may be surprised to hear then that family law actually encompasses a wide variety of issues. Establishing paternity, establishing child custody and child support for unmarried parents, adoptions, legal separation and obtaining protection in instances of domestic abuse all fall under the umbrella of family law.

At our firm, attorney Ross Gillespie has dedicated his career to the practice of family law. We have represented clients not only in the divorce process, but in the dissolution process when fault is not required. We also understand that, as a person's life goes on, circumstances will change. A divorce decree that worked initially may no longer reflect a party's needs later on, necessitating a post-decree modification.

Don't rush through the financial aspects of divorce

Sometimes when a couple in Dublin decides to end their marriage, both parties want to get the matter over with as quickly as possible. However, it is important to take the time to carefully address all divorce legal issues, particularly financial issues. This is because the outcome of the property division process and any award of spousal support can last for the rest of a person's life. Therefore, it is in one's best interests to make sure they understand the decisions they are making when it comes to spousal support the division of assets and debts in a divorce.

First of all, when it comes to the family home many people may be tempted to fight for it, in part due to its sentimental value. However, this doesn't always make sense financially. Once you are the sole owner of the home, you are responsible for the mortgage, upkeep and taxes, all on one income instead of two.

Ohio couples looking to wed may also want to look at prenups

With all the romance weddings bring, it can be easy to have your head in the clouds, especially when you start to envision your future life with your partner. If this is the case, it may come as somewhat of a shock if your partner suggests entering into a prenuptial agreement before the wedding day arrives. After all, prenuptial agreements address the possibility of divorce, something that may seem unlikely at the time. However, the fact of the matter is that not every marriage is meant to last, so it is best for couples in Dublin, and elsewhere, to be prepared.

First, if a couple does decide to draft a prenup, they should not take the matter into their own hands. Instead, they should each retain their own attorney. A family law attorney understands Ohio divorce laws, and can advise you on your rights when it comes to drafting a prenup. This can help ensure that the final document is both fair and legally sound.

What formalities must be met when executing a will in Ohio?

When people in Ohio think about creating a will, they may think they can simply write something out on their own and be done with it. However, under Ohio Laws and Rules section 2107.03, there are certain formalities that must be met in order for a will in Ohio to be valid and enforceable.

Although oral wills are allowed in Ohio under certain circumstances, in general a will must be written. It can be handwritten or it can be typed out. Also, the will must be signed by the testator (that is the person whose will it is). Alternatively, someone else can sign the will in the presence of the testator while the testator is conscious and only with the express permission of the testator. Per law, "conscious presence" is defined as any part of the testator's senses. However, if the testator's hearing or vision is only sensed via some sort of distant communication, such as a telephone call or video conferencing, this does not count.

Divorce and spousal support in Ohio

Alimony, today also commonly called spousal support, can be an important issue for many divorcing couples in Ohio. Many people harbor misconceptions about this provision gleaned from popular culture or their own friends and family.

However, before assuming alimony can only be decided a certain way, you should speak with an attorney about the matter and any other concerns about your divorce. While there are some basic general rules governing how courts approach this issue, such decisions also depend heavily on the specific facts of each case.

Ohio parents may need help with child custody plans post-divorce

Married parents in Dublin who are facing the prospect of divorce may be very concerned for the welfare of their child. They want to see that their child doesn't suffer too much during the divorce process and, while they may feel a great deal of sadness that they may not see their child every day, they want their child to adjust to living in two households in a healthy way that promotes two separate safe and stable homes.

This may be especially true now that it's back to school time. Parents in Ohio who divorced over the summer are now adjusting not just to a new parenting plan, but also implementing that plan during what is a busy and complicated time of the year. This is not always easy. Arrangements need to be made as to how the child will go to and from school, who has custody on which days, who will help with homework and projects, who will take care of the child on holidays and sick days, and who will take the child to extracurricular activities. It is a lot to think about.

Legal separation may be preferred to divorce for some in Ohio

While every marriage has its ups and downs, sometimes arguments become so constant and unyielding that the core of the marriage begins to crumble. When spouses feel like they simply can no longer continue living as a married couple, they may think their only option is divorce. However, there are situations in which couples in Ohio who are facing a failing marriage may choose a legal separation rather than divorce.

There are a number of reasons why one would rather seek a legal separation than a divorce. Sometimes spouses no longer want to live together, but they also do not want to end their marriage. For example, some spouses' religious beliefs do not permit divorce. Other times a couple may want to stay married but live separately so that one spouse can stay on the other spouse's medical insurance policy (although insurers are increasingly not allowing policyholders to do this.) Or, some couples might want to formally live apart while they work out their differences or give themselves the breathing space needed to determine if they truly want to divorce. In the end, choosing a legal separation over divorce is a very personal decision.

What steps need to be taken to adopt a child in Ohio?

All children in Ohio deserve to have a loving, stable and nurturing environment in which to grow. That is why adopting a child can be one of the most rewarding experiences parents in Ohio can have. However, there is a process potential parents in Ohio must go through in order to adopt a child.

First, parents should take the time to learn about the adoption process. Keep in mind that adoption is a long-term commitment and, if adopting an older child, it could take a while for the child to trust his or her new adoptive parent.

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