What is collaborative divorce?
In a collaborative divorce, lawyers will represent you and your spouse. The attorneys and both spouses will need to sign a "no court" agreement, which means the attorneys will need to withdraw if an agreement cannot be reached and the case ends up going to court. The collaborative process involves four-way meetings between the two spouses and the two attorneys. In some cases, the attorneys will recommend hiring collaborative professionals. A collaborative divorce is also flexible and informal. Compared to litigation, a collaborative divorce is more efficient and less expensive.
]]> What is mediation divorce?As you may have guessed, a mediated divorce agreement will involve a neutral third party as the mediator. While a mediator will not have the ability to make any binding decisions, he or she will help you and your spouse negotiate. The main characteristics of mediation are the informality, flexibility and efficiency. You will not be obligated to hire an attorney or another adviser to help you with the divorce process. However, many couples who go through mediation choose to hire a lawyer to help protect their interests and offer guidance. Divorce reached through mediation is usually more efficient and inexpensive than traditional litigation.
When should I pursue collaborative divorce?
You should choose collaborative divorce instead of pursing mediation if you want separate legal representation. In a collaborative divorce, you will benefit from the guidance of an attorney who will have your best interests in mind throughout the divorce process. Therefore, a collaborative divorce is a great choice for people with complicated financial or legal issues. Collaborative divorce can also be beneficial for relationships with power imbalances. If one or both spouses will be at an advantage for certain subjects, a collaborative divorce will help even out these imbalances by having a strong advocate at your side.
When should I pursue mediation?
Mediation can offer the spouses more control over the divorce process. Mediation can also be more flexible; you will only need to schedule meetings with a mediator and your spouse rather than two attorneys to represent you and your spouse. In addition, you can have as many people help you with the divorce process as you desire. Mediation is a good non-adversarial option if you and your spouse are open to working together to negotiate and have no power imbalances in your relationship.
Both collaborative divorce and mediation are great choices for couples who want to avoid litigation. For more information about the collaborative approach and mediation, speak to an attorney knowledgeable in non-adversarial methods to reaching a divorce agreement.
]]>Who has to pay child support?
Both parents are obligated to financially support their child. However, only the parent who does not live with the child (known as the noncustodial parent) makes support payments. It is presumed that the residential or custodial parent is spending around the same amount of money on the child's care. Generally, the noncustodial parent, or the one who has a higher income, is the one who pays child support to the other parent. In cases of shared custody, child support amounts may be reduced, unless there is a large difference in income between the parents.
]]> How is child support determined?Child support is calculated using a particular formula that is a part of the state's law. It uses the gross income of each parent, with permitted adjustments (income tax, spousal or child support orders that have been paid or received, expenses related to raising other children, work-related childcare costs, the portion of health insurance for the child, and more). There is also a chart that lists total joint incomes (with the adjustments) and the child support amounts that correspond with each result. These figures can be adjusted, but they present a starting point for determining the final figure.
How long does a paying parent obligated to pay child support?
Generally, the parent is obligated to continue paying child support until the child reaches age 18 or becomes emancipated. However, if the child is a full-time student at an accredited high school after the age of 18 or if he or she has a physical or mental disability and cannot support him or herself, the parent will often be required to continue paying child support.
Is it possible to modify the amount of child support that is paid?
It is always possible to modify the amount of child support that must be paid if there is an unanticipated change in the circumstances of the parent or the child. If this is the case, the court must determine a new amount. When considering modifying child support payments, the court will have to recalculate the amounts based on the standard formula. If the deviation between the original amount and the recalculated amount is considered a significant enough change in circumstances, the child support order can be modified.
As you can see, there is a lot to know when it comes to child support in Ohio and it is important for anyone who is receiving or paying child support to understand how it works. If you have any questions about support amounts, payments or are seeking modification, contact an experienced family law attorney at Rieth Antonelli & Raj. We will discuss your situation, explain the applicable law and help you with your child support matter.
]]>Benefits of the collaborative process
When bringing up the idea of collaborative divorce it can be helpful to stress the main benefits, such as:
]]> Children - The approach is focused on family and relationships. A team of specialists are utilized, including a child specialist, to help you and your spouse create an effective parenting plan. Part of creating that plan is to consider the developmental needs of your child or children, as well as the family as a whole.Cost - The collaborative process is a more streamlined approach and often much less time consuming than traditional litigation, which often results in significant cost savings.
Control - You and your spouse will have control over your agreement and the process that will affect your children and yourselves. The collaborative team will help you reach an agreemen, but the key decisions are yours to make. This is unlike litigation where a judge, who does not know you, your family or your day-to-day life and needs, makes a decision on your behalf.
Privacy - Your family will not be in a courtroom discussing private family matters. The airing of delicate topics in a courtroom can add to a feeling of an adversarial process and can even create feelings of humiliation or trauma, which may understandably lead to a difficult relationship post divorce.
Time - You and your spouse choose when to meet based on your availability and schedule. This is more convenient and often resolves much more quickly than if you were dependent on the busy divorce court schedule with no control over when your case is heard.
When spouses can work together with the assistance of a team of specialists, the agreement reached is often much more agreeable to both spouses and something the whole family can live with and move forward. Through communication and compromise, a different kind of family relationship can evolve. One that is particularly important if there are children involved. Although bringing up collaborative divorce to your spouse can be scary, it is a helpful option for many couples to end their marriage amicably.
If you are facing divorce and have questions about the collaborative process, contact an attorney at Rieth Antonelli & Raj. We can explain the process, what to expect and how to talk to your spouse about this approach to determine if it's the right option for your divorce.
]]>Though the term, prenuptial agreement, is often viewed solely as legal protection against potential divorce, it is much more than that. It is a binding agreement entered into before marriage by both parties that details how assets and income will be assessed should that marriage end in separation, divorce or death.
Why have a prenuptial agreement?
A prenuptial agreement was once almost solely for the wealthy or people entering a second marriage. The reason was that a divorcing couple often had children and had accumulated more assets than a couple in a first marriage.
]]> Today, it is increasingly probable that individuals marrying for the first time have already accumulated significant assets before marriage. Generally, both parties have either graduated college or been in the workforce long enough to accumulate assets that neither wants to lose in the event of divorce.People with friends or family who have been the unfortunate object of disproportionate divorce settlements are often more aware of the potential need for a legally binding agreement before marriage.
Will a prenuptial agreement hold up in court?
Ohio state law controls prenuptial agreements and generally looks to make sure the agreement is in writing, based on mutual agreement prior to the marriage and that the couple entered into marriage. If either party proves that he or she did not fully understand what the agreement entailed, if both sides were represented by the same attorney, or if one side does not have representation while the other does, the agreement may be considered invalid. A prenuptial agreement may also be deemed invalid if either party failed to disclose or hid assets, or if the agreement is unfair or one-sided.
In addition, certain issues cannot be resolved in a premarital agreement, namely child custody and support issues. In Ohio, a couple may plan for come costs and childcare responsibilities in a prenup. However, courts will consider the best interest of the child when making decisions about child custody, visitation schedules and support payments.
When it comes to children and assets, doesn't a will accomplish the same thing?
A will is the action of one individual and that individual can change the will without his or her spouse's consent. Should both parties in a marriage will 50 percent of their separate estates to their children and one dies, a surviving spouse can get create another will that designates only his or her children as recipients of both estates.
A prenuptial agreement provides a contract that is binding on both parties in life or death.
What if we failed to do this before our marriage?
A postmarital agreement accomplishes almost the same thing as a premarital agreement. The one major difference is one or both parties can refuse marry unless a prenuptial agreement is not entered into. A postmarital agreement will not be considered valid should either party claim the agreement was not voluntary. When divorce is looming, people are not often as willing to enter into an agreement of any kind.
If you are considering entering into a prenuptial or postnuptial agreement, contact an experienced family law attorney at Rieth Antonelli & Raj. We can explain the issues that can be addressed in a prenuptial agreement, answer your questions and help you determine if a prenup is right for you based on your circumstances.
]]>Control over property division
In Ohio, courts recognize couples' rights to settle property division on their own. When both parties are able to come to a mutual agreement, they can fill out a separation agreement. Any terms settled within the agreement will be upheld by the court, giving the divorcing couple complete control over the property division. When circumstances are not so agreeable, then there is a system in place to enable the legal system to mediate the settlements.
]]> Types of propertyIf the court has to decide the division, a series of guidelines will be used to determine how everything is divided. One of the biggest factors is differentiating between marital and separate property. In general, marital property includes anything that was acquired after marriage. Housing, vehicles, liquid assets, retirement benefits and just about anything else of financial value commonly fall into the marital property category. Assets acquired individually or before marriage are categorized as separate property. Some common exceptions to this rule include inheritance, which is usually considered separate property, and property that appreciates as a direct result of a spouse's involvement. If you own a house before marriage, but your spouse manages it in a way that increases its appraisal value, then it can cross into the domain of marital property.
Deciding how to split
Once all of the property in question has been properly categorized, the court will split ownership of the marital assets. In Ohio, the decision is made by first assuming both parties were equal contributors and deserve an equal split. From there, arguments and evidence can be demonstrated to help the court decide the fairest distribution. The biggest considerations at this point will be child custody, cost of division (some assets have to be liquidated before they can be split and liquidation can be expensive), tax laws, length of marriage and sustainability. In cases where one party might not be able to support themselves immediately after divorce, spousal support or adjusted property divisions may incur. The same processes are applied to debts and liabilities as well.
Additional considerations
A few other factors can have a big impact on the overall split. Premarital agreements will always be considered, but it may not be the final factor in divisions. Legal penalties are also a big consideration. A common practice in divorce is for parties to try to change ownership of valuables to prevent them from being assigned to the spouse. This is actually a fraudulent transfer. This and similar behaviors are punishable by law, and will usually result in an unfavorable distribution of property at the least.
If you are facing divorce in Ohio, contact Rieth Antonelli & Raj at 216-861-2222. Our attorneys will answer your questions about property division, look out for your best interests and guide you throughout the divorce process.
]]>Visitation rights: Basic Q and A
1. Are there situations when a parent would not be entitled to visitation with his or her child?
Ohio courts typically encourage child visitation rights for both parents in the case of divorce, separation or annulment. However, the main factor courts look at when deciding custody and visitation rights is the welfare of the child. If it is not in the best interest of the child to spend time with the noncustodial parent, visitation rights may be denied or restricted.
]]> 2. Do grandparents have visitation rights?If grandparents believe they are not getting enough time with their grandchildren in the case of divorce, separation or annulment, they may petition the court for visitation rights. If it is found to be in the best interest of the child, the court may grant some visitation rights to the grandparents.
3. Can grandparent visitation rights be limited?
Yes, these rights can be limited in some circumstances. According to the Ohio State Bar Association (OSBA), courts must consider the custodial parent's wishes when granting, denying or scheduling visitation with grandparents. Additionally, a grandparent's right to visitation is terminated if the child is adopted by a new stepparent, or if circumstances change rendering grandparent visitation in opposition to the welfare of the child.
4. What is reasonable visitation?
The court may specify a fixed visitation schedule for the noncustodial parent. Alternatively, it may grant reasonable visitation rights. In this case, visitation is worked out between the parents and typically remains flexible. This is done most often in cases where the divorcing couple has gone through mediation or collaborative divorce. These alternatives work well for divorcing couples who maintain good relationships, and can make decisions solely based on the child's welfare without regard to hurt feelings or vengeance.
In the case of reasonable visitation, the custodial parent normally retains more control over the visitation schedule. However, both parents must be able to communicate freely and positively with each other, keeping the child's best interests at the forefront of their decision-making.
5. Can a visitation schedule be changed?
Yes, if it is in the best interest of the child. Changes can be requested by grandparents or either parent, but must be brought to the court with substantiating reasons for the change. If the court determines that visitation changes are being petitioned out of spite or cruelty, this will work against the petitioner and the visitation schedule is unlikely to change.
At the law offices of Rieth Antonelli & Raj, our goal is to preserve important family relationships. If necessary, we can help you litigate visitation schedules and other details at trial. Our experienced lawyers are dedicated to finding solutions to family conflicts.
]]>Factors considered by the court
During your divorce or separation, you petition a judge for spousal support with the help of your attorney. The judge will consider certain factors before granting or denying a request for spousal support. In accordance with Ohio Revised Code section 3105.18, there are various components commonly considered by the courts when awarding spousal support:
]]>Is spousal support permanent?
Temporary support can be established while the divorce is being litigated; permanent support or an ending date to the support is determined when the divorce is final. Ohio courts prefer a specific ending date when awarding spousal support including, but not limited to, the last day of school for the youngest minor child. The ending date may also be a potential event such as employment or remarriage of the party receiving support.
It is important to work with an attorney who is experienced spousal support matters. At the offices of Rieth Antonelli & Raj, our divorce lawyers have negotiated and litigated numerous cases involving spousal support. Call us at 216-861-2222 for a free consultation.
]]>At Rieth Antonelli & Raj, we keep these interests at heart while navigating the divorce process and helping our clients reach an amicable custody solution whenever possible. In addition to questions parents should ask themselves when seeking a custody solution, here are some answers to five common questions related to the child custody process.
]]> 1. How is custody decided?When parents cannot reach a custody agreement, the court will make the decision. In Ohio, custody is referred to as parental rights and responsibilities. Under O.R.C. 3109.04, courts consider the best interests of the child when making the determination.
According to Ohio law (O.R.C. 3109.04(f)(1)), the following factors may be considered by the court when determining what is in the child's best interest, including:
The court may require additional information based on the circumstances to aid in making the custody determination as well.
2. What is shared parenting?
Shared parenting is also called joint custody. This means that the parents share the physical and legal care of the child. Physical care may refer to where the child resides and day-to-day care responsibilities. While legal care refers to important decisions about how the child will be raised, including decisions about the child's education, health care and religious upbringing. Shared parenting may not necessarily be split 50/50 between the parents.
3. What is a parenting plan?
If you have a child, or children, the court will require a parenting plan. This is a set of guidelines that typically includes agreements about parenting time, child support, tax exemptions and any other costs associated with rearing the child. The parenting plan can be ordered by the court or agreed upon by the parents.
4. Can my child decide where to live?
Ohio does not have a specific age requirement for when a child may voice where he or she would like to reside. The court may consider a child's wishes as part of determining the best interests of the child when deciding custody.
5. Can the custody order ever be changed?
Custody may be modified after the initial order has been finalized. In order to modify a custody order, the court must find that a change has taken place (to the child or either parent) and the change makes it necessary to modify the order to serve the best interests of the child.
If you are worried about how child custody will be determined for your child, contact Rieth Antonelli & Raj and speak to an experienced family law attorney. We can help you determine your child's best interests and maintain a healthy relationship with your spouse while resolving your custody dispute.
]]>There may be some potential advantages to being the first to file for divorce that should be considered before taking that step. There should not be a rush to file first. It is important to know that whoever initiates the divorce proceeding is not the "winner" and that should not be the motivation when deciding when it is the right time to file. However, there may be some legitimate reasons to file first; here are some potential benefits to contemplate.
]]> Time and preparationThe spouse who initiates the divorce often has the advantage of time and preparation. When you know divorce is inevitable you can make sure that you have your finances, paper work and any other information accessible prior to filing. This includes bank statements, tax returns, retirement account statements, pension information, property records, vehicle registrations, trust account documents, wills, debt information and records of any other assets.
This may enable you to have your finances in order to prepare for any fees associated with the divorce and the change in circumstances. It is also a way to protect yourself and your interests if you fear that your spouse would hide assets or other financial information in the event of a divorce.
Negotiation or litigation
There is also the advantage of being able to do your research and hire an experienced divorce attorney prior to filing. It is important to have the guidance of a knowledgeable attorney to evaluate your situation and help you determine the best approach to reaching a divorce settlement. For many soon to be ex-spouses this may mean negotiation through the collaborative approach versus traditional litigation. Collaborative divorce can be a good way to lower costs, promote respect between spouses and control the settlement agreement. An attorney can help you pursue the type of divorce process that will be the best for your interests and your family's future.
If you do pursue litigation, filing first enables you to select the venue for trial and for your attorney to present your argument and evidence first in divorce proceedings, which may provide some benefits. However, it should be noted that litigation may be the best option if a divorce agreement cannot be negotiated.
Emotional benefits
Contemplating ending a marriage can be a heart wrenching experience. For some, making the decision and moving forward can give a feeling of strength and clarity. Taking the initial first steps of filing for divorce and feeling in control of the decision and the process can certainly help improve a person's mindset and should not be discounted as a reason to get started.
If you are considering pursuing divorce, it is important to speak to an experienced family law attorney. At Rieth Antonelli & Raj, we are committed to helping our clients pursue the right type of divorce approach for their family. We believe all parties should be treated with respect and that reaching a divorce agreement can be an amicable process for everyone involved.
]]>Because collaborative divorce requires the voluntary presentation of financial information and the mutual agreement of process, property and asset division become straightforward.
]]> If your relationship with your spouse is particularly confrontational or uncontrolled, collaborative divorce may not be the right choice. However, it is perfect for couples who want to save money on their divorce, remain friendly with each other, have a desire to keep family dynamics intact, and may have large or multiple assets.How collaborative divorce saves time and money
The average traditional divorce in the U.S. takes about one year; those that end up in trial average 18 months. Moreover, the average cost goes up by several thousand dollars when a divorce goes to trial. The more issues such as asset division and child custody there are, the more expensive the divorce becomes.
Collaborative divorce by definition is more conciliatory and less acrimonious than traditional divorce. It is a shorter, more considerate process that does not go to trial. Although collaborative divorce attorneys rely on the expert advice of tax accountants or real estate professionals when necessary, the cooperative nature of collaborative divorce lends itself to fewer negotiations. By avoiding trial and having fewer meetings, collaborative divorce saves time and money.
Collaborative divorce attorneys
A good collaborative divorce attorney is one that practices family law with specific emphasis in collaborative divorce. The attorney should have specific training and experience in collaborative law. He or she should make you feel respected at all times, be able to foster dignity and respect amongst all involved parties, and be cognizant of preserving the family's financial interests and protecting family relationships. This will ensure a positive outcome in the short-term and lay the groundwork for keeping the family together in the long-run.
]]>Traditional litigation can be the enemy of a lasting relationship between parents. There are many issues to resolve in divorce. The courtroom can resolve cut and dry issues, like dividing assets, but it cannot take into account the emotional aspect of divorce and the need to preserve a collegial relationship that is the cornerstone of many families.
]]> Collaborative divorce resolves all the same issues that are covered through litigation, such as child support, spousal support, child custody, parenting schedules and property division. However, the approach is very different. Matters are not resolved by opponents drawing battle lines and fighting tooth and nail to declare a winner. Instead all parties work together to reach a mutually agreed upon solution. This can be particularly important when there are children involved.A gentler way to resolve your custody issues
Parents know their children better than any third-party ever could. An attorney or judge can help reach an agreement based on the facts, but when parents come to an agreement together it can be customized to the family situation and children's specific needs. Some of the ways the collaborative approach can benefit children include, by:
When parents voluntarily work together, they can control the process, the agreement and their children's future. Children also see how their parents behave during the collaborative divorce process. Divorce is incredibly difficult and stressful for children, seeing how their parents treat each other during this time has a big impact on how the kids cope with the divorce. The difference can between peacefully restructuring a family to trying to make it through a combat zone.
Attorneys trained in collaborative law are involved to ensure it is a process focused on cooperation and mutual respect. Each attorney is present to look out for his or her client's best interests while supporting the goal of preserving the family relationship for the future. Rieth Antonelli & Raj is a firm uniquely trained and experienced in collaborative divorce. Our attorney's believe in the benefits of the collaborative process and how important it is to foster healthy parenting relationships. Call 216-861-2222 and schedule a consultation to answer your questions and help you determine if collaborative divorce is the right option for your family.
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