Harry Lewis Co., LPA


Call Today 614-721-7737

Columbus, Ohio, Family Law Blog

How retirement benefits are handled for divorce in Ohio

Couples headed for divorce in Ohio will rightfully want to know how retirement benefits are dealt with so they can prepare for what's to come. Here is a brief overview of how the state of Ohio handles retirement accounts when a couple gets divorced.

It has been held by the Supreme Court in the state of Ohio that all retirement benefits accumulated during the length of a marriage are assets of the marriage. This means that they will need to be divided when a couple decides to divorce. Because these benefits are now viewed as equitable, they must be divided fairly among the two parties divorcing.

Follow these tips to keep a clear mind during divorce

The divorce process is sure to bring a lot of stress and tension to your life. This is something you should expect.

As bad as things appear during this difficult time in your life, there are tips you can use to clear your mind and ensure that you are on the right track.

Crisis fund created in Ohio for parents with disabled children

A crisis fund has been created by the state of Ohio that will help the parents of severely disabled children. The fund will be created under the biennial budget for the state and it will help children who are viewed as multisystem children, or those who are in danger of entering the juvenile justice system or the child protective system because of their disabilities.

The fund will be supported by money legislatures set aside for the next two years, which totals $10 million. The money is federal welfare money and the County Family and Children First Councils will be responsible for creating plans to distribute the funds.

What is the discovery process for divorce?

Not long after a couple files for divorce, the discovery process begins. This is a process much like one that occurs in a trial, as both parties will be required to provide documents for the other to review. These documents must be factual, complete and will be the subject of just about anything related to the marriage, the divorce and even separate property.

The discovery process during a divorce is an important piece of the puzzle because it allows both sides to sift through everything the couple has. It makes it easier to come to an agreement for dividing property and assets if all of them are listed on financial disclosure forms and in other documents submitted during discovery.

How to protect your assets from your ex after divorce

Going through a divorce is draining, both emotionally and financially. When you add children to the picture, a divorce can be traumatizing for all parties involved. There are various aspects of a divorce that can cause stress to boil over, including the division of assets and determining who will have custody of the children. Here's how you can protect your assets from your ex after divorce.

One example of how your ex spouse could wind up with your money is if you die prior to your children reaching the age of 18. If this happens, any assets you leave to them will be placed under guardianship until they reach 18. A guardian will be named by the court and it most likely will be the other parent, your former spouse. In order to avoid this from happening, you can create a trust for your children and appoint a close friend or relative whom you trust as the trustee.

Yes, you should change your will after divorce

After you get a divorce, one of the things you should not forget to do is to change your will. Your will, if you had one, likely had your ex-spouse as your beneficiary along with step-children or others you may no longer wish to include.

It is very important to keep your will updated, so you can make sure those you want to leave money or assets for are the people who receive them. Additionally, keeping your will updated makes sure the state doesn't revoke your ex-spouse's rights to items, or that it does, depending on the state laws.

Dividing credit card debt in an Ohio divorce

Divorce has become quite common in the state of Ohio, to the point where it is no longer taboo to discuss. What many couples don't realize is that joint debt can haunt you if it is not dealt with during the divorce process. For example, a credit card company does not operate using divorce decrees. So, if there is joint debt after a divorce and your spouse fails to pay it, the companies will still come after you. Here are some tips to avoid that situation.

It will be in your best interest, and that of your spouse, to leave the marriage with no joint debt between the two of you. This might seem like a daunting task at the time to undertake, but it is imperative you have this figured out prior to finalizing the divorce. You have two options here: Pay the debt completely or divide the debt evenly and have it transferred to cards in each other's name, not joint cards. Once this is done you should cancel all joint credit cards so neither spouse can rack up more debt that would be considered joint.

Parental alienation syndrome changing cases of child custody

Experts across the country, not just in Ohio, are worried that abusers are using claims of Parental Alienation Syndrome (PAS) and Parental Alienation (PA) to refute allegations of abuse and regain the custody of their children in courts. A large portion of divorce cases are settled out of court. The small number that actually reach court usually do so because of abuse allegations.

The author of a study on PAS from George Washington University said the following: "Assess the abuse first. Put alienation completely to one side. If it happened or if it may have happened, you have no business going on about alienation...You can talk about it, but don't talk about it as a way of denying abuse."

How do I deal with stress during high asset divorce?

A high asset divorce seems to bring about more stress than a traditional divorce because of the sheer amount of money involved. When it comes to money, no matter how much a person has, stress will always show its ugly head. There's no right or wrong way to deal with stress as each different person handles it in his or her own way. Here are some tips for dealing with stress during a high asset divorce.

Try to discuss the division of assets as calmly and openly as possible. Even if you feel your spouse is hiding money, don't start making accusations or pointing fingers. This will only increase your stress levels. All negotiations should remain calm, positive and run by a neutral party to avoid confrontation.

Harry Lewis Co., LPA | 625 City Park Ave. | Columbus, OH 43206 | Phone: 614-721-7737 | Map & Directions