Do I Really Need a Lawyer for My Ohio Divorce?

Consultation With An Experienced Family Law Attorney Helpful When Filing for Divorce

A lot of people ask or search online for the answer to this question. No one likes to spend money for a lawyer. I have attached a link that the Montgomery County Ohio Domestic Relations Court provides to the public. It is titled The Citizen’s Guide to the Montgomery County Common Pleas Court: Domestic Relations Division.

The Guide is well written, but demonstrates the complexities of the divorce or dissolution process with all the forms and rules that must be followed.

I also came across information on this topic provided by the Legal Aid Network of Kentucky. Their guidance is on point.

Do I have to have an attorney to file for divorce?

No, you do not have to have an attorney to file a divorce, but it would be helpful. It would be easier if you have an attorney, because the attorney is familiar with the divorce laws and with the courts.… View Full Article → “Do I Really Need a Lawyer for My Ohio Divorce?”

Attorney Fees: Motion For Reasonable Attorney Fees

How To Obtain Reasonable Attorney Fees At The End Of A Domestic Relations Case

Local Rule entitles Award of Attorney Fees

In my last Family Law Blog Article posted on October 12, 2013, I discussed how to obtain interim attorney fees at the outset of a domestic relations case.  With this article, I shall address how to obtain reasonable attorney fees at the end of a domestic relations matter.  In Montgomery County, Ohio, this topic is addressed by Local Rule 4.27 entitled “Award of Attorney Fees”.

Pursuant to the Local Rule cited above and according to the laws of Ohio, a Domestic Relations Court may award reasonable attorney fees at any stage of the proceedings, including appeal, modification, and enforcement cases.  In order to award reasonable attorney fees, the Court must find that one party (the “financially disadvantaged party”) will be prevented from fully litigating his/her rights and adequately protecting his/her interests, and that the award is equitable (“fair”).… View Full Article → “Attorney Fees: Motion For Reasonable Attorney Fees”

Interim Attorney Fees: Filing For The Financially Disadvantaged

How to Request Interim Attorney Fees in Divorce Cases in Montgomery County, Ohio

If you are a family law attorney practicing in Montgomery County, Ohio, you must be familiar with Local Rule 4.14(B) which reflects the following language:

“Upon the Court’s own motion or motion of either party, interim attorney fees may be awarded without an oral hearing to allow an economically disadvantaged party to be adequately represented, or to adequately represent the interests of a minor child.  The Court may award such reasonable interim attorney fees as the Court deems necessary and upon such terms as are equitable.  In matters pending before a Magistrate, the Magistrate may determine an interim fee request under the procedures provided for Magistrate Orders.”

The language of the rule raises several questions:

  1. What are interim attorney fees?

    “Interim attorney fees” are fees that could be awarded for the time between the filing of a Complaint for Divorce and the Final Divorce Hearing.  

… View Full Article → “Interim Attorney Fees: Filing For The Financially Disadvantaged”

The “Un-Advisability” of an “Un-Divorce” Arrangement

Psychotherapist and Guest Contributor Donna F. Ferber sent me an email a month or so ago encouraging me to read Suzi Parker’s article about famous couples who chose, rather than going through a divorce, to simply live separate lives. Click here to read Ms. Parker’s article about a trend some people call an “un-divorce.”

We both agreed to attempt to fairly evaluate the “pros and cons” of this option: she from a psychological perspective and me from a legal perspective. Initially, Donna was much more open to the possible merits of this arrangement than I was. She made it clear that she was most interested in hopefully reaching and empowering people who are in unhappy marriages and who feel trapped by fear, ignorance, and the lack of financial and emotional resources. Donna and I continued to exchange numerous emails over the last six weeks about this “un-divorce” arrangement, discussing the relative merits of couples remaining married but living separate lives.… View Full Article → “The “Un-Advisability” of an “Un-Divorce” Arrangement”

Contempt Remedies for Non-Compliance with Court Orders

Factual Scenario:  The Final Judgment and Decree of Divorce has finally been executed by the parties and has been filed with the Court.  But, alas, Husband finds that Wife is not willing to pay what he is supposed to receive from her; and Wife is not forthcoming in dividing the U.S. Savings Bonds that were acquired during the parties’ marriage; and she is refusing to convey to Husband certain household goods and furnishings as directed in the Final Judgment and Decree of Divorce.

What remedies does Husband have?

The Court does not have a “police force” or “private investigators” to monitor compliance with Final Decrees or Agreed Entries.  There simply is not enough money for the Court to examine whether or not former spouses are following the mandates of their Decrees.  In order for the Court to learn about a party’s non-compliance, the former Husband must file a Motion asking the Court to find his Ex-wife in Contempt of Court for her willful failure to comply with certain terms of the Final Decree or Agreed Entry.  … View Full Article → “Contempt Remedies for Non-Compliance with Court Orders”

12 Proactive Steps to Take If You Are Contemplating Divorce

Jason C. Brown, the publisher of the Minnesota Divorce and Family Law Blog, recently posted a very practical article outlining some important steps to take if you are anticipating filing a divorce action. I am grateful that he has allowed me to repost it here. I concur with his wise “nuts and bolts” type suggestions. Remember the old adage, “An ounce of prevention is worth a pound of cure”.  Plus, this “ounce of prevention” might well save you thousands of dollars in attorney fees!

Once you break the news of your desire to dissolve your marriage, interesting things may start happening at your house. Critical records and valuable items of personal property may suddenly vanish. It pays to be proactive to ensure that you have all the information you will need to move forward as efficiently as possible.

The wasted time and cost associated with hunting down missing documentation can be staggering.… View Full Article → “12 Proactive Steps to Take If You Are Contemplating Divorce”

10 Tips To Cut Your Attorney Fees

I would like to share some constructive fee-cutting suggestions for you to consider implementing after you have done your “due diligence” in selecting the right attorney for you and your issues. Many of the cases I have handled over the last 30 years are family law matters which are engagements typically based upon the number of hours spent in the representation.  The amount of time to complete these cases varies based upon many factors, including the nature of the issues, contentiousness of the parties, and the cooperation level existing between both counsel.  Recently, I have been asked by several clients what they can do to help reduce their attorney fees. Certainly, this is an excellent question especially with money being so tight and all of us having to deal with our poor economy.  Each attorney would no doubt answer this question differently.  So, be sure to ask your attorney about his or her own particular preferences.  … View Full Article → “10 Tips To Cut Your Attorney Fees”

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