FAQ's

Trusts can be revocable, meaning they can be amended or revoked during the life of the grantor. They are also referred to as inter-vivos trusts, meaning they were established during the life of the grantor.

The grantor is the person who established the trusts. A revocable trust is a written agreement between the grantor and the person managing the trust, the trustee. The grantor and trustee can be the same person.

Trusts can also be irrevocable, which can normally be amended or revoked by the grantor outside of extraordinary circumstances.

The trust document can mandate for:

• The management of trust assets during the grantor’s lifetime
• The distribution of assets upon the death of the grantor
• The continued management of assets for other’s after the grantor’s death
• Or any combination of the above.

The trustee decides how the trust assets are invested and whether to buy or sell assets. Since the trust is revocable, the grantor can amend or revoke the trust and take back the assets if necessary. The trustee can also name a successor trustee in the trust document to give that person authority to administer and distribute assets at the death of the original trustee.

They do not. If you are looking to protect assets from creditors, an irrevocable trust may be an option for you. However, asset protection is complicated and an experienced attorney will help you protect your assets.

Assets in a revocable trust are not subject to probate proceedings. Those assets are not to be listed as part of the estate of the decedent because the assets do not legally belong to the decedent. The assets belong to the trust and are being managed and distributed by the successor trustee. The trust survives the grantor. Assets need to be transferred to the trust while the grantor is still alive to accomplish this goal.

A revocable trust is not a one-size-fits-all solution. Sometimes a trust will accomplish your goals, sometimes it will not. Consult with an estate plan attorney to determine what estate planning tools are right for you.

A contested divorce occurs when parties cannot agree and must have issues settled by the court. However, at any point before

trial, a settlement is still possible.

If both parties can agree on a Separation Agreement, they may move forward as a Dissolution or Uncontested Divorce.

If one spouse is completely unavailable, an Uncontested Divorce is the only option.

Legal separation and divorce are both options for couples who are experiencing difficulties in their marriage, but they are distinct legal processes in Ohio. 

Legal separation in Ohio is a legal proceeding in which a married couple remains legally married but lives apart and agrees to certain terms and conditions, such as division of property, child custody and support, and spousal support. Legal separation is similar to a divorce in that it requires the court to issue orders regarding issues such as property division, spousal support, and child custody and support.

However, at the end of the legal separation process, the couple remains legally married and cannot remarry without first obtaining a divorce. Legal separations are rarely sought today and divorces/dissolutions are much more common. 

Divorce, on the other hand, is a legal proceeding in which a marriage is legally dissolved, and the couple is no longer married. In a divorce, the court will issue orders regarding issues such as property division, spousal support, and child custody and support. Once the divorce is finalized, the couple is no longer legally married and can remarry if they choose to do so. 

There are several reasons why a couple might choose legal separation over divorce. For example, they may have religious or moral objections to divorce, or they may want to remain married for legal or financial reasons, such as to maintain eligibility for health insurance or retirement benefits. 

It's important to note that the legal separation process can be complex, and it's recommended that anyone considering a legal separation consult with an experienced family law attorney to ensure that their rights and interests are protected throughout the process.

INITIAL FILING

This includes the complaint itself, as well as Affidavits and Motions.

TEMPORARY ORDERS HEARING

Temporary Spousal and Child Support Orders are issued.

DISCOVERY AND DEPOSITIONS

At the courthouse, the unsettled issues are laid before the Judge. There will be no final ruling.

PRETRIAL(S)

At any time, the parties may sit down outside of the court and try to reach a settlement without the involvement of a Judge. It's never too late for a settlement, even on the day of the trial.

SETTLEMENT CONFERENCE

If no settlement is reached, a trial must take place. This is a full trial with opening and closing statements and witnesses called.

TRIAL

Per the Decree, assets are now split. Sometimes, this includes drafting documents such as a QDRO.

The length of time it takes to get a divorce in Ohio can vary depending on a variety of factors, including the complexity of the case, whether the divorce is contested or uncontested, and the court's schedule. In general, if the divorce is uncontested and there are no significant issues to resolve, such as child custody, property division, or spousal support, the process can be relatively quick.

 In Ohio, there is a minimum waiting period of 30 days from the date of filing before a divorce can be granted, or 42 days from the date of filing before a dissolution can be granted, but in practice, it may take several months to complete the necessary paperwork and finalize the divorce. If the divorce is contested, meaning that the spouses cannot agree on the terms of the divorce, the process can be much longer and more complex. In these cases, the court may need to schedule hearings to address the contested issues, which can add significant time to the process.

It's important to note that every divorce case is unique, and the length of time it takes to finalize a divorce in Ohio can vary widely depending on the specific circumstances of the case. An experienced family law attorney can provide guidance and help navigate the divorce process to minimize delays and ensure the best possible outcome.

In Ohio, a spouse can file for divorce on either a "fault" or "no-fault" basis. The grounds for divorce in Ohio are as follows:

No-fault grounds: The most common ground for divorce in Ohio is incompatibility, which means that the spouses have experienced irreconcilable differences and the marriage has broken down without the possibility of reconciliation.

Fault grounds: A spouse may file for divorce on fault grounds if they can prove that the other spouse engaged in certain types of misconduct during the marriage. Fault grounds in Ohio include:

• Either spouse was already married at the time of getting married to the current spouse.
• Adultery.
• Extreme cruelty.
• Willful absence of one year.
• Fraudulent contract.
• Habitual drunkenness.
• Gross neglect of duty.
• Imprisonment of the other spouse at the time of filing for divorce.

It's important to note that if a spouse files for divorce on fault grounds, they will need to provide evidence to support their claim if the other party contests those grounds, which can make the divorce process more complex and costly. Additionally, fault grounds may not necessarily impact the division of property or the award of spousal support, as Ohio is an equitable distribution state, and the court will

consider a variety of factors in determining a fair division of assets and debts.

In Ohio, a restraining order, also known as a civil protection order (CPO), can be obtained by a person who has been a victim of domestic violence, stalking, or other forms of harassment or abuse. The process for obtaining a restraining order in Ohio typically involves the following steps:

• Filing a petition: The first step is to file a petition for a civil protection order with the appropriate court. The petitioner can request an emergency ex parte order (meaning the other party is not notified and is not present at the first hearing) if they are in immediate danger. 
• Serving the respondent: The petitioner must serve the respondent with a copy of the petition and notice of the hearing. The respondent has the right to file a written answer and attend the hearing. 
• Attending the hearing: A hearing will be scheduled within a certain timeframe, and both parties will have the opportunity to present evidence and testimony. If the court finds that the petitioner has proven their case, a restraining order will be issued.
• Enforcement: Once a restraining order is issued, it is enforceable by law enforcement officials. The respondent must comply with the terms of the order, which may include staying away from the petitioner, ceasing all contact, and surrendering any firearms.

It's important to note that the process for obtaining a restraining order in Ohio can be complex and time-consuming. It's recommended that anyone seeking a restraining order consult with an experienced family law attorney to ensure that their rights are protected throughout the process.

In Ohio, marital property is subject to division in a divorce case. Marital property is generally defined as any property or assets acquired by either spouse during the marriage, regardless of whose name the property is in. This includes things like the marital home, bank accounts, retirement accounts, investments, and personal property. 

Ohio is an equitable distribution state, which means that marital property is divided in a way that is fair and equitable, but not necessarily equal. The court will consider a variety of factors when making a property division determination, including:

• The duration of the marriage.
• The assets and liabilities of each spouse.
• The income and earning capacity of each spouse.
• The contribution of each spouse to the acquisition, preservation, or appreciation of marital property.
• The standard of living is established during the marriage.
• The tax consequences of the property division.
• Any other relevant factors.

It's important to note that separate property, which is property acquired by one spouse before the marriage, or property acquired by one spouse during the marriage by gift, bequest, devise, or descent, is not subject to division in a divorce case unless the other party can prove that the separate property has

been “commingled”, meaning used by both parties for the benefit and enjoyment of the marriage. 

The court has broad discretion when dividing marital property, and the outcome of a property division determination can have significant financial consequences for both spouses. It's recommended that anyone going through a divorce in Ohio consult with an experienced family law attorney to ensure that their rights and interests are protected throughout the process.

Yes, a spouse may be awarded alimony, also known as spousal support, in Ohio. Spousal support is intended to provide financial support to a spouse who is economically disadvantaged or unable to support themselves following a divorce.

The court may award spousal support based on a variety of factors, including:

• The income and earning capacity of each spouse.
• The standard of living established during the marriage.
• The duration of the marriage.
• The age, health, and earning ability of each spouse.
• The contribution of each spouse to the education, training, or earning capacity of the other spouse.
• The assets and liabilities of each spouse.
• The tax consequences of the spousal support award.
• Any other relevant factors.

In Ohio, there are several types of spousal support, including temporary, rehabilitative, and permanent spousal support. The court will consider the specific circumstances of the case when determining the type and amount of spousal support to award.

It's important to note that spousal support awards are not automatic and are based on a case-by-case analysis. The outcome of a spousal support determination can have significant financial consequences for both parties, so it's recommended that anyone going through a divorce in Ohio consult with an experienced family law attorney to ensure that their rights and interests are protected throughout the process.

Yes, grandparents in Ohio can seek visitation rights with their grandchildren, but the process for doing so can be complex.

Under Ohio law, grandparents may petition the court for visitation rights with their grandchildren in certain circumstances. Specifically, grandparents may seek visitation rights if:

• The child's parents are divorced, separated, or have had their marriage annulled.
• The child's parent who is the child of the grandparent is deceased.
• The child is born to an unmarried woman.
• The child has been adjudicated an abused, neglected, or dependent child and has been placed outside the home.
• The child is in the legal custody of an agency or a person who is not the child's parent, guardian, or custodian.
• Any other circumstance that the court determines to be relevant.

To seek visitation rights, the grandparent must file a petition with the court and provide notice to the child's parents. The court will consider a variety of factors when determining whether to grant visitation rights, including the best interests of the child and the relationship between the grandparent and the child.

It's important to note that the process for obtaining visitation rights can be complex, and the outcome of a visitation determination can have significant consequences for all parties involved. It's recommended that grandparents seeking visitation rights consult with an experienced family law attorney to ensure that their rights and interests are protected throughout the process.

Under section 3109.051 of the Ohio Revised Code, there are several situations that allow

grandparents to seek visitation rights for grandchildren:

1. Parent divorce, disillusionment, or separation

2. Death of a parent(s)

3. If the child was born to an unmarried mother

In one of the above situations, the grandparent would need to file a motion with the court requesting visitation rights.

The court will always make decisions based on the child’s best interest. This is the basis for all custody and visitation cases in the state of Ohio. For more reading on how the courts determine the child’s best interest, refer to section 3109.051 of the Ohio Revised Code.

If the court grants visitation rights to grandparents, then the parents are legally bound to obey the orders of the court. Parents who defy the court order could be subject to fines, jail time, or ordered to pay court and attorney fees.

The court decides what is best for the child based on a series of factors focusing on family

and safety. Exact language and details can be found under section 3109.051 of the Ohio Revised Code. The child’s best interest is determined based on:

• The concerns and/or wishes of the parents
• The child's prior interactions and interrelationships with the parents, grandparents, and other relatives
• The location of the grandparent's residence and the distance between it and the child’s residence
• The child and parents’ available time, taking into consideration schedules for employment, school, holidays, and vacations
• The child's age
• The child's adjustment at home, school, and in the community
• The child’s wishes as expressed to the court if the court interviews the child
• The child's health and safety
• The availability of time for the child to be with his or her siblings;
• The mental and physical health of all parties concerned;
• The willingness of the grandparent to reschedule missed visitation;
• Any conviction of the grandparent or guilty plea by the grandparent involving a crime of child abuse or child neglect; and,
• Any other factor that the court may consider to determine the best interest of the child.

It is possible for grandparents to sue for custody in specific situations:

• The grandparent(s) would need to prove - with substantial evidence - that the parent(s) are unfit and that the child’s best interest is to be under the custody of the grandparents.
• If the grandparent(s) believe the child is in danger due to unsuitable parenting, they should contact an attorney immediately to file a motion with the court.

First, think about the big-picture consequences of taking legal action for custody or visitation rights. This could damage personal relationships with the parents, child, or other family members. If granted custody, the grandparent should also be prepared to take on the physical, emotional, and financial responsibilities of caring for the child.

Be prepared to discuss the child’s safety, your role in their life, and the role of the

parent(s) moving forward.

Seek legal counsel who specializes in Ohio family law.

The best and most effective way to successfully get visitation rights or custody is to have strong and experienced legal representation from an Ohio family lawyer. Our attorneys know what a loving relationship between a grandparent and grandchild looks like, and they know that it’s worth fighting for. Contact Parks Legal with your questions – we’re here to help.

Resources

• Parks & Meade, Attorneys at Law
• Ohio Revised Code
• Section 3109.051
• Section 3109.11
• Section 3109.12

In Ohio, paternity can be established in several ways, including:

Marriage: If the child is born to parents who are married to each other, the husband is presumed to be the biological father of the child.

Acknowledgment of Paternity: If the child is born to unmarried parents, both parents may sign an Acknowledgment of Paternity form, which establishes legal paternity. This form is available at hospitals, local health departments, and child support enforcement agencies.

Court Order: If the mother or alleged father disputes paternity, either party may file a lawsuit to establish paternity. The court may order genetic testing to determine whether the alleged father is the biological father of the child.

Administrative Paternity Order: If the mother receives public assistance, the state may seek to establish paternity and child support obligations through an administrative paternity order. 

Once paternity is established, the biological father may have legal rights and responsibilities regarding child custody, parenting time, and child support. If the biological father wants to establish these rights, he may need to file a lawsuit to establish these matters.

It's recommended that anyone seeking to establish paternity in Ohio consult with an experienced family law attorney to ensure that their rights and interests are protected throughout the process.

In Ohio, child custody is generally determined based on the best interests of the child. The court will consider a variety of factors when making a custody determination, including but not limited to:

• The child's relationship with each parent: The court will consider the child's emotional ties to each parent and the ability of each parent to provide a stable and supportive environment.
• Each parent's ability to provide for the child's needs: The court will consider each parent's financial resources, ability to provide for the child's physical needs, and willingness to support the child's relationship with the other parent.
• The child's preference: If the child is old enough and mature enough to express a preference, the court may consider the child's wishes.
• Each parent's mental and physical health: The court will consider any mental or physical health issues that may impact a parent's ability to care for the child.
• Any history of domestic violence or abuse: The court will consider any history of domestic violence or abuse when making a custody determination.

In Ohio, there are two types of custody: legal custody and physical custody (parenting time). Legal custody refers to the right to make important decisions about the child's upbringing, such as education, healthcare, and religion. Physical custody refers to where the child resides and with whom they spend their time. 

Parents may be awarded sole custody, where one parent has both legal and physical custody or joint custody, where both parents share legal and/or physical custody. The court may also order a parenting time schedule, outlining when the child will spend time with each parent. It's important to note that every custody case is unique, and the court will consider the specific circumstances of the case when making a custody determination. 

An experienced family law attorney can provide guidance and advocacy throughout the custody process to help ensure the best possible outcome for the child. Under section 3109.051 of the Ohio Revised Code, there are several situations that allow grandparents to seek visitation rights for grandchildren:

1. Parent divorce, disillusionment, or separation

2. Death of a parent(s)

3. If the child was born to an unmarried mother

In one of the above situations, the grandparent would need to file a motion with the court requesting visitation rights.

The court will always make decisions based on the child’s best interest. This is the basis for all custody and visitation cases in the state of Ohio. For more reading on how the courts determine the child’s best interest, refer to section 3109.051 of the Ohio Revised Code.

If the court grants visitation rights to grandparents, then the parents are legally bound to obey the orders of the court. Parents who defy the court order could be subject to fines, jail time, or ordered to pay court and attorney fees.

In Ohio, child support is calculated using the Ohio Child Support Guidelines which consider several factors, including:

1. The income of both parents.

2. The number of children the parents have together.

3. The cost of childcare.

4. The cost of health insurance for the children.

5. Any special needs or extraordinary expenses of the children.

The Ohio Child Support Guidelines use an income shares model, which means that the amount of child support a parent owes is based on the proportion of their income compared to the combined income of both parents. 

To calculate child support, you can use the Ohio Child Support Calculator, which is available online. You will need to provide information about your income, the other parent's income, and any relevant expenses related to the children. It's important to note that the Ohio Child Support Guidelines are just a starting point. 

In certain circumstances, a court may deviate from the guidelines if it is in the best interests of the children, and it's recommended that anyone who is involved in a child support case consult with an experienced family law attorney to ensure that their rights and interests are protected throughout the process.

In Ohio, unmarried parents have many of the same rights and responsibilities as married parents, but there are some differences in how those rights are established.

Here are some key points to keep in mind:

Parenting Time: Unmarried parents may establish parenting time and child custody arrangements through a court order or an agreement. If there is no court order or agreement in place, the mother has sole legal and physical custody of the child.

Child Support: Both parents have a legal obligation to financially support their child, regardless of whether they are married or not. The child support obligation may be established through a court order or an agreement.

Medical Decisions: Both parents have the right to make medical decisions for their child, but if there is a disagreement, the court may need to intervene to make a decision.

Inheritance: In Ohio, a child born to unmarried parents may inherit from both parents, but the inheritance rights may not be automatic and may need to be established through a court proceeding.

Paternity: If the child's paternity is not established, the biological father may not have any legal rights or responsibilities regarding the child. Paternity can be established through a court order or an Acknowledgment of Paternity form.

Child's Name: If the parents are unmarried, the child's last name is typically the same as the mother's last name. If the parents want the child to have a different last name, they will need to take legal steps to change it.

Unmarried parents need to establish legal rights and responsibilities through a court order or an agreement to ensure that their rights and interests are protected. It's recommended that anyone seeking to establish these rights in Ohio consult with an experienced family law attorney to ensure that their rights and interests are protected throughout the process.

Failing to pay child support in Ohio can have serious consequences, including:

Enforcement Actions: The Ohio Child Support Enforcement Agency (CSEA) can take various enforcement actions to collect past due child support, including wage garnishment, interception of tax refunds, suspension of driver's and professional licenses, and seizing property.

Contempt of Court: If the noncustodial parent is found in contempt of court for failing to pay child support, he or she may be fined or sentenced to jail time.

Interest and Fees: Past due child support in Ohio accrues interest at a rate of 6% per year, and the CSEA may charge fees for enforcement actions.

Credit Reporting: Past due child support may be reported to credit bureaus, which can negatively impact the noncustodial parent's credit score.

Passport Denial: If a noncustodial parent owes more than $2,500 in past due child support, he or she may be denied a passport or have an existing passport revoked. 

It's important to note that failing to pay child support is a serious matter and can have long-term consequences for both the noncustodial parent and the child. It's recommended that anyone who is struggling to pay child support in Ohio contact their local CSEA or consult with an experienced family law attorney for guidance.

If you have a custody or support order in Ohio and the other parent is not complying with the terms of the order, you may need to take legal action to enforce the order. Here are the basic steps for enforcing a custody or support order in Ohio:

• Contact the Ohio Child Support Enforcement Agency (CSEA): If the issue is related to child support, you should contact the CSEA in your county. The CSEA can help you enforce the support order through a variety of methods, including wage garnishment, tax refund interception, and license suspension.
• File a Motion for Contempt: If the other parent is not complying with a custody or support order, you can file a motion for contempt with the court that issued the order. This motion notifies the court that the other parent is not complying with the order and asks the court to hold the other parent in contempt.
• Attend a Contempt Hearing: The court will schedule a hearing to determine whether the other parent is in contempt of the custody or support order. At the hearing, you will need to present evidence that the other parent is not complying with the order. If the court finds the other parent in contempt, it can order a variety of enforcement remedies, including fines, jail time, and suspension of driver's and professional licenses.
• Seek Legal Assistance: It's recommended that you seek legal assistance if you need to enforce a custody or support order in Ohio. An experienced family law attorney can help you navigate the legal process and ensure that your rights and interests are protected.

Enforcing a custody or support order can be a complex process, and it's important to follow the proper legal procedures to achieve the desired outcome.