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Posts tagged "property division"

What Is Separate Property In Divorce?

Daniel F. GIgiano, Attorney at Law, Wadsworth, OhioWhat is separate property in divorce?  It is property that the spouse gets to keep without it being subject to an equitable division by the divorce court.
First, we should look at what is marital property under Ohio law.  The Ohio law defining marital property is found in Ohio Revised Code 3105.171 (R.C. 3105.171).  Marital property is:
  1. All property currently owned by either or both parties or acquired by either or both of the parties during the marriage; and
  2. All property interest that either or both parties currently holds acquired by either or both of the spouses during the marriage;
  3. Active income, which is all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage;
  4. Anything that is not separate property.
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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…)

Dividing Retirement Benefits In Divorce

How do you go about dividing retirement benefits in divorce?  First, the domestic relations court must determine who is entitled to what portion of retirement benefits.  Retirement benefits accumulated during the marriage are marital assets, and must be divided as part of an equitable division of property.  Equitable division means a fair division of property. (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…)

Can You Force Your Spouse into a Divorce?

I am often asked: can you force your spouse into a divorce?  Many parties get divorced by agreement, otherwise known as a dissolution.  While getting divorced by agreement can be less expensive, save time, and be less emotionally draining, sometimes the parties cannot reach an agreement or one spouse refuses to get divorced.  While most divorcing couples would simply agree that they are incompatible, otherwise known as stipulating to incompatibility, Ohio provides for a number of grounds for divorce. (more…)

When Child Support Ends

When does child support stop?  How do you stop paying child support?  Does child support stop when a child turns eighteen?  Child support terminates or ends in a number of circumstances.  Ohio Revised Code 3119.88 (R.C. 3119.88) outlines the reasons why child support terminates and when child support ends.  The statute says that the child support order should terminate if any of the following occur:
  • The child is no longer attending high school upon turning eighteen years old.
  • The child stops attending high school after turning eighteen years old.
  • The child dies.
  • The child gets married.
  • The child becomes emancipated.
  • The child enlists in the armed services.
  • The child is deported.
  • Legal custody of the child changes.
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Divorce

While a dissolution starts with an agreement, a divorce is filed due to differences between the parties on one or more of the major issues, which include property division, spousal support and matters regarding the children. Once a divorce is filed, the court will usually issue temporary orders.  Such temporary orders generally consist of restraining orders, allocation of parental rights and responsibilities, child support, and spousal support. An experienced divorce attorney can help people decide whether to pursue a dissolution or a divorce.