Do Divorce Courts Monitor the Final Divorce Decree to be Sure All Terms Have Been Completed?

Do Divorce Courts Monitor the Final Divorce Decree to be Sure All Terms Have Been Completed?

divorce estate planning insurance

The short answer is “no”. I had a client call today wondering if the Court gave her Ex a few months longer to refinance the marital residence and pay her off because of the COVID-19 situation. I explained to her that the Court does not review Divorce Decrees after filing to monitor compliance. That responsibility falls on each party. So, the Court would have no idea if the refinance had occurred or not. I told her that is her task to nudge her Ex about the refinance or to rehire me to send him a letter and take the necessary legal steps to file a Contempt action to get the refinance completed or the house listed for sale.

The Court Support Enforcement Agency will do recordkeeping on child and spousal support paid through it. In certain cases, they will help bring Contempt actions against delinquent obligors. Generally, each party needs to create a checklist of “to-do” items still remaining upon receiving their copy of the Final Judgment and Decree of Divorce.

POSSIBLE POST DECREE CHECKLIST ITEMS

Here is a partial list of items that may still need to be done after the Court has divorced you:

  1. Transfer vehicles and
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Can I Complete My Ohio Estate Planning Documents Remotely During COVID-19?

Can I Complete My Ohio Estate Planning Documents Remotely During COVID-19?

Ohio Wills Cannot Be Completed Through Remote Technology, But What About Other Ohio Estate Planning Documents?

ohio estate planning documents covid-19More individuals are focusing on estate planning during the pandemic, but people are also more concerned about venturing out during these unusual times.  A question that is coming up often is whether one can complete their Ohio estate planning documents remotely through Zoom or some other software.  The answer is yes and no.  Some ohio estate planning documents  only need to be notarized to be valid and remote notarization is now available here in Ohio.

A general durable power of attorney in Ohio only needs a notarization to be valid.  Ohio health care documents (livings will and durable power of attorney) need either two disinterested witness signatures or a notarization to be valid.  A document related to the transfer of real estate such as a deed or transfer on death affidavit needs to be notarized.  However there is a fair amount of a technological learning curve if one wants to try to get documents notarized remotely. There is also a separate charge involved for the service.

Last Will and Testament Must Still Be Completed In Person

What about a last will and testament … Read More... “Can I Complete My Ohio Estate Planning Documents Remotely During COVID-19?”

Using Zoom for Legal Consultations is Very Easy at Holzfaster, Cecil, McKnight & Mues

Using Zoom for Legal Consultations is Very Easy at Holzfaster, Cecil, McKnight & Mues

Setup A Zoom Meeting For Legal Consultations at Holzfaster, Cecil, McKnight & Mues

ANNOUNCEMENT: Holzfaster, Cecil, McKnight & Mues Offering Consultations Via Zoom. Setup A Zoom Meeting Today With One Of Our Attorneys

zoom meeting estate planning divorceThe pandemic has no doubt changed all our lives in many ways. With the quarantine orders and social distancing each of us have had to reconcile and adapt our lives. Avoiding unnecessary personal contact with others is important for many of us.

Nonetheless, our lives continue on despite the COVID-19 pandemic. The quarantine situation (and life over the last 5 months) has only made it more evident to people in “shaky” marriages the harsh realities of their relationship, and in many cases their need to terminate the marriage and obtain a divorce.

OBTAINING LEGAL ADVICE DURING THE PANDEMIC WITH ZOOM MEETING

DIVORCE HELP:

I have been handling divorce cases for over 40 years. I have seen lots of different divorce situations. I can tell you that life today is incredibly difficult and complicated. So many folks are out of work and struggling to maintain a family and their health. Even something that use to be straight forward, like sending kids to school, is now complicated with … Read More... “Using Zoom for Legal Consultations is Very Easy at Holzfaster, Cecil, McKnight & Mues”

What is a Divorce Retainer Fee Agreement and What is Its Purpose?

What is a Divorce Retainer Fee Agreement and What is Its Purpose?

Divorce Retainer Fee Agreement

Divorce Lawyers Require A Retainer Fee On Start Of Your Legal Representation

retainer fee divorce lawyersSo, unfortunately you find yourself meeting with a divorce lawyer to discuss terminating your marriage. The conference goes well and after careful consideration you decide to hire the lawyer.

HOW DO DIVORCE LAWYERS CHARGE?

When the subject of fees and the attorney’s hourly rate comes up, you will likely hear the request for a “retainer fee“. Most all divorce lawyers  will require a retainer fee  at the inception of accepting your legal representation. Some, on the other hand will instead request a fixed fee amount rather than one based upon the amount of time and services provided. Fixed fee divorce representation is rare these days, in part because it is impossible to really gauge the number of hours which will be required, contested issues, or the level of rancor between the parties. Contingent fee agreements in a divorce are not allowed in Ohio. Be careful to discuss and fully understand the type of fee with the lawyer at the start. More on that below…

WHAT IS A RETAINER FEE? WHAT TYPICALLY DO DIVORCE LAWYERS CHARGE?

A “retainer” is a fee … Read More... “What is a Divorce Retainer Fee Agreement and What is Its Purpose?”

A Post-Divorce Checklist

A Post-Divorce Checklist

Move Forward With These Important Transition Tips

divorce estate planning social securitySo you have are about to finish your divorce case. Now what? While there is a lot of information about divorce and the process itself online, there is much less about the “afterlife”. Presumably you have been considering this day for a long time, and have maybe even obtained some psychological counseling/therapy to help with the post-divorce transition.

Here are some suggestions to help you get moving forward in a positive manner and avoid divorce  paralysis that occurs in many cases.

  1. REVIEW ALL YOUR DIVORCE DOCUMENTS – Don’t just throw the divorce decree and orders in a drawer after the case is over never to see the light of day again. Be sure to make a checklist of all loose ends that are mentioned in the Decree that need to be completed and attended to such as filing quit claim deeds, changing titles on vehicles, changing ownership of bank and other accounts, closing out credit cards, filing Qualified Retirement Division Orders (QRDO’s), and the like. Don’t just assume that your lawyer will complete these tasks without your participation.
  2. REVIEW YOUR OTHER IMPORTANT DOCUMENTS – This is a perfect opportunity to review your
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SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?

SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?

Shared Parenting Plan and Covid-19 in Ohio

Keep Your Children Safe – Parents With Shared Parenting Plan May Consider New School District Options

shared parenting plan school districtsCOVID-19 has created havoc for all of us, but parents with school age kids have a whole layer of additional concerns. Of course everyone wants to keep their children healthy and safe. There are a ton of other logistics that they need to consider – work schedules, daycare considerations, and online/homeschooling, to mention just a few.

There are some similar themes in the plans presented by most Dayton area school districts. Most offer both online and some variation of in-person schooling. All schools are developing intense cleaning and disinfecting protocols. However, other than that, each district policies and procedures for reopening can vary greatly. Some schools offer a combination of in school for 2 days, and on line for 3. Others are offering half day sessions, while others are considering on line only for at least the first several weeks.

Study School District Your Child Will Be Attending For Social Distancing, Mask Wearing Policy and Online Learning

Most schools are offering the option of online only, but those procedures vary as well. Some districts have a … Read More... “SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?”

Blast From The Past: How to Ask for a Prenuptial and Avoid a Break-Up!

Blast From The Past: How to Ask for a Prenuptial and Avoid a Break-Up!

PUBLISHERS NOTE: More people are executing prenuptial agreements than ever before. Millennials are getting married at a later age, many have a lot of student debt and more assets.  The COVID-19 pandemic is causing people to be more aware of their mortality and planning for the future. I thought reposting this “blast from the past” from June 17, 2017, about prenuptial agreements was appropriate.

Prenuptial Agreements have increased in recent years says study…but why?

prenuptial agreements divorcePrenuptial agreements are daunting to bring up to one’s significant other and many individuals fear bringing up the topic. Many individuals worry that the prenuptial discussion will cause problems, such as making their significant other feel as if they are not trusted or as if there is an anticipation of a divorce in Ohio via a lack of commitment. However, research has shown that having a prenuptial agreement  may in fact strengthen a relationship. Did you know that According to a survey of the American Academy of Matrimonial Lawyers (AAML), 63 percent of divorce attorneys say they’ve seen an increase in prenuptial agreementsrecent years? This is NOT just a male thing either.  Forty-six percent of these lawyers also noted an increase in the number of … Read More... “Blast From The Past: How to Ask for a Prenuptial and Avoid a Break-Up!”

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