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How Does A Court Decide Spousal Support?

How does a court decide spousal support?  The court considers a list of factors set forth in Ohio Revised Code 3105.18 (R.C. 3015.18):
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Dividing A Business In Divorce

This article will address dividing a business in divorce.  Usually, a qualified expert witness will be needed to provide evidence of the valuation of a business.  The expert looks at various factors, such as the history of the business, risk involved in the particular business, among other factors. Utilizing such factors, the expert determines the fair market value of the business.  The parties will have to decide if they want to agree on a single expert or if they wish to hire their own experts.  With the price of a business evaluation expert being $10,000 or more, this is no small decision.  Factors that may be considered in whether to share an expert include: whether the business-owning spouse is likely to disclose all assets and liabilities of the business, including receivables; whether the business-owning spouse had a history of keeping thorough and reliable records; and how well the non-business owning spouse knows the business. (more…)

Property Division In Divorce

This article will discuss property division in divorce.  What is property?  Property can be real property, otherwise known as real estate.  Property can also be personal property, which includes cash, financial and retirement accounts, vehicles, and household goods.
Under Ohio Revised Code 3105.171 (R.C. 3105.171), there are nine factors that govern only the division of property: (more…)

Who Is Entitled To A Child’s School Records?

Who is entitled to a child’s school records?  Under Ohio law, both parents have the right to access their child’s school records.  The schools generally recognize the right of the legal custodian and residential parent’s access to school records.  However, some schools may not always recognize the non-residential parent’s right to access their child’s records.  If this problem arises, the legal custody papers usually contain language stating that both parents have the right to have access to their child’s school records. (more…)

Medina County Legal Custody Attorney

What does a Medina County legal custody attorney do?  In Ohio, it is usually a request from the court to “allocate parental rights and responsibilities” or when modifying an existing custody order, “reallocate parental rights and responsibilities.”  If a parent is granted custody in a divorce, dissolution, annulment, legal separation or parentage case, that parent is named the residential parent and legal custodian of the child.  If shared parenting is granted, both parents are the residential parents, but one will be the residential parent for school purposes, which means the child will go to school in the district in which that parent resides.  Shared parenting does not necessarily mean equal time or support, but simply means that both parents share equal responsibilities. (more…)

Grounds For Divorce in Ohio

What are the grounds for divorce in Ohio?  Wait, you may have heard that Ohio is a no-fault divorce state.  Ohio does have no fault-grounds, but you still have to prove grounds if you want a divorce and your spouse does not.  If your spouse does not want the divorce, they may be able to stop you.
Ohio Revised Code 3105.01 (R.C. 3105.01) and Ohio Revised Code 3105.17 (R.C. 3105.17) set forth the grounds for divorce.
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Medina County Felony Trial Attorney

A Medina County Felony Trial Attorney is an aggressive advocate who fights for the rights of people who are accused of major crimes.  This type of attorney has taken several cases to trial and has multiple victories as a result.  These victories are not just pretrial victories, but involve putting it all on the line, picking a jury and being willing to allow that jury to decide the fate of the accused.  This type of attorney is the only type of attorney that can achieve a real victory in some cases.  Sometimes, the prosecutor does not offer a deal, but simply states that the accused can plead to the indictment and take their chances in front of the judge while the prosecutor asks for a lengthy sentence.  However, an experienced criminal trial attorney can muster the respect needed to get some kind of deal, even in the toughest situations. Only the experienced felony trial attorney can potentially get some of the charges eliminated by the very real threat of taking the matter to trial, not to win, but to simply eliminate the offenses that the prosecutor cannot prove.  Only the experienced felony trial attorney can convince the prosecutor that the State of Ohio could potentially lose so much credibility in losing on some counts, that the remainder of the counts could be in jeopardy at trial.  Finally, the felony trial attorney can simply take the case to trial. (more…)

Orrville DUI Attorney

An Orrville DUI attorney provides aggressive representation for traffic and criminal defense, as the DUI may be accompanied by other traffic offenses, such as assured clear distance, as well as criminal charges, such as possession of drugs.  In Ohio, DUI is referred to as OVI or operating a vehicle under the influence of alcohol or drugs.  The OVI charges can be split in two: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs. (more…)

Orrville Criminal Defense Attorney

Someone who is accused of a crime in Orrville needs an Orrville criminal defense attorney, who is available to provide defense for a variety of criminal cases, such as disorderly conduct, OVI, domestic violence, forgery, breaking and entering, and felonious assault.  An experienced Wayne County criminal defense attorney investigates potential defenses and errors in the police investigation that can lead to a dismissal of the charges.  The value of finding such defenses or errors is immeasurable, giving the client the chance to avoid prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation are usually challenged through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence that was obtained from the police’s wrongful conduct.  Once this tainted evidence is removed from use at trial, the charges are often dismissed.  At the very least, eliminating the state’s evidence can make it difficult for the prosecutor to try the case. (more…)

Massillon Bankruptcy Attorney

A Massillon bankruptcy attorney represents individuals in need of a fresh start in the Northern District of Ohio Bankruptcy Court, Canton Division.  This bankruptcy court is a federal court that serves a large number of Ohio counties, including but not limited to:  Wayne County, Stark County, Holmes County, and Ashland County.  Chapter 7 bankruptcy hearings and Chapter 13 bankruptcy hearings take place in the room located on the first door to your left in the Ralph Regula Federal Building and United States Courthouse in Canton, Ohio.  The Chapter 13 trustee holds a mandatory informational class just prior to the hearing.  This is not the mandatory financial management class, but is simply a class to educate Debtors on the Chapter 13 process. (more…)

Traffic Stops Cannot Be Extended For A Drug Dog Sniff

Traffic stops cannot be extended for a drug dog sniff.  On April 21, 2015, the United States Supreme Court, in Dennys Rodriguez v. United States, held that police may not keep the motorist waiting after the ticket is written they have no reasonable suspicion justifying the extra time.  Essentially, police may not turn routine traffic stops into drug searches using trained dogs.  Police officers who stop a car for a traffic violation are justified in “checking the driver’s license, determining whether there are outstanding warrants against the driver, and inspecting the automobile’s registration and proof of insurance.”  “These checks serve the same objective as enforcement of the traffic code: ensuring that vehicles on the road are operated safely and responsibly.”  A dog sniff is “not an ordinary incident of a traffic stop,” but is instead, “a measure aimed at detecting evidence of ordinary criminal wrongdoing.” (more…)

Canal Fulton Bankruptcy Attorney

A Canal Fulton bankruptcy attorney represents individuals in need of a fresh start in the Northern District of Ohio Bankruptcy Court, Canton Division.  This bankruptcy court is a federal court that serves a large number of Ohio counties, consisting of:  Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County.  The hearings for Chapter 7 bankruptcy cases are held at the trustee hearing room, which is located on the first door to your left in the Ralph Regula Federal Building and United States Courthouse, 401 McKinley Avenue S.W., Canton, Ohio 44702.  The hearings for Chapter 13 bankruptcy petitions are held in the same location as the Chapter 7 hearings.  Canton Chapter 13 hearings begin with a mandatory informational class with the bankruptcy filers only, followed by the actual hearing with the Chapter 13 trustee and the debtor’s attorney present.  This class does not take the place of the mandatory financial management class.  These hearings will not go forward without the proper documentation. (more…)

What Is A Legal Custodian In Ohio?

What is a legal custodian in Ohio?  There are a number of sources that explain this term.  Essentially, this is the person with the rights and obligations to care for a child.  Ohio law provides further guidance:

Legal Custodian In Ohio Definitions  

  The Ohio Administrative Code defines “custodian” as “a person having legal custody of a child or a PCSA, PCPA, or Title IV-E agency that has permanent, temporary, or legal custody of a child.”  The code also defines “legal custody” to mean “a legal status vesting in the custodian the right to have physical care and control of the child and to determine where and with whom the child shall live, and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities.”  Finally, the code also says that an “individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by any section of the Revised Code or by the court.” (more…)

Marshallville Divorce Attorney

A Marshallville divorce attorney represents people who either live in Marshallville or who need to go back to the Wayne County Domestic Relations Court or Wayne County Juvenile Court because they need to revisit a child custody, child support or spousal support issue in that court.  Having a Marshallville divorce lawyer on your side gives you the opportunity to have your voice heard effectively in the divorce court.
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Summit County Bankruptcy Attorney

A Summit County bankruptcy attorney represents clients in the Akron Bankruptcy Court, otherwise known as the Northern District of Ohio Bankruptcy Court, Akron Division.  This bankruptcy court covers Medina County, Summit County and Portage County.
The hearings for Chapter 7 bankruptcy cases are at the trustee hearing room at 76 S. Main Street, Atrium Level #120, Akron, Ohio 44308.  The hearings for Chapter 13 bankruptcy cases are at the Chapter 13 Trustee’s office, One Cascade Plaza, Suite 2020, Akron, Ohio 44308.  The bankruptcy lawyer assists the clients in ensuring that all the proper documentation is provided so that the hearings can go forward. (more…)

Dalton Bankruptcy Attorney

A Dalton resident needs a bankruptcy attorney that services their area, a Dalton bankruptcy attorney.  A bankruptcy petition filed for a Dalton resident would be filed in the Canton Division of the Northern District of Ohio Bankruptcy Court.  This federal court is not merely limited to a single county like state courts.  The Canton Bankruptcy Court serves a number of counties, including:  Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County. (more…)

Military Issues In Divorce And Child Custody

Military issues in divorce and child custody arise when one or both parents are currently or former members of the military.
The military distributes income in many ways.  While calculating income first appears be simple, not every situation is simple.  We all know that W-2 income earned through an employer is income for support purposes.  We also know that profits earned in a person’s business is income.  This covers direct military pay (base pay) and military contracts.  However, there are many other sources of income from the military.  Other sources of military income include: veterans administration disability payments, GI payments, housing allowance, and pay for training or other types of required drills. (more…)

Copley Bankruptcy Attorney

A Copley bankruptcy attorney drafts the bankruptcy petition and represents the client in the Akron Division of the Northern District of Ohio Bankruptcy Court.  This Akron bankruptcy court is a federal court that handles cases from Medina County, Summit County and Portage County.  The hearings for Chapter 7 bankruptcy cases are held at the trustee hearing room at 76 S. Main Street, Atrium Level #120, Akron, Ohio 44308, inside of the Orangerie Mall.  The hearings for Chapter 13 bankruptcy petitions are held at the Chapter 13 Trustee’s office, which is located at the PNC Center, One Cascade Plaza, 20th Floor, Akron, Ohio 44308.  Unless the proper documentation is presented, these hearings will not go forward.  A knowledgeable Copley bankruptcy lawyer knows what documents to submit in advance and which ones to bring to the hearing. (more…)

Sterling DUI Attorney

A Sterling DUI attorney in Wayne County, Ohio handles DUIs, OVIs, BAC cases, physical control cases, and underage consumption DUI cases.  OVI is defined in Ohio Revised Code 4511.19 (R.C. 4511.19), bearing the title “operating vehicle under the influence of alcohol or drugs.”  The OVI charges can be made up of two separate crimes: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  OVI convictions carry a mandatory driver’s license suspension. (more…)

Sterling Criminal Defense Attorney

Crimes alleged to have been charged in Sterling require the services of a Sterling criminal defense attorney.  A criminal defense lawyer in Sterling provides defense for a variety of criminal cases, such as robbery, firearm specifications, drug possession, domestic violence, and traffic offenses.  An experienced Wayne County criminal defense attorney determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  Finding such defenses or errors can save the client from consequences such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation can be exposed through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence arising out of the police’s wrongful conduct.  If the evidence is crucial, this can result in dismissal of the charges. (more…)

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