Legacy Trust: A Premarital Planning Tool

By Joseph E. Balmer   |   May 4th, 2013

Estate Planning Specialist, Joseph Balmer, digs deeper into the new Ohio Legacy Trust Law Act, and reveals how it can be used as a protection tool in the area of Family Law.

Effective March 27, 2013, the Ohio Legacy Trust Act became law.  With the passage of this act, Ohio became one of 14 states to allow self-settled trusts.  Ohio also, arguably, has one of the 4 or 5 strongest legacy trust act laws with respect to protecting one’s assets against creditors.  This repeals the long held English rule that one cannot set up a trust for himself or herself and protect his/her assets against one’s potential future creditors.

In a nutshell, with a Legacy Trust, a settlor can set up an irrevocable trust with a third party as the trustee.  The unique aspect of this trust is that, generally, a settlor’s creditors cannot attach trust property, even if the settlor is a trust beneficiary (both income and principle) and has retained powers over the trust property.  … View Full Article → “Legacy Trust: A Premarital Planning Tool”

Divorce: Welcome to the Roller Coaster!

By Guest Contributor Donna F. Ferber, LPC, LADC   |   April 27th, 2013

How To Ride Out The Roller Coaster Of Emotions During The Pain Of Divorce

Nothing toys with our emotions like the break-up of a relationship. Elizabeth Kubler-Ross describes the six stages of grief as:

  1. Shock
  2. Denial
  3. Bargaining
  4. Anger
  5. Sadness
  6. Acceptance

When one is going through divorce, add another feeling: FEAR.   During divorce, it is possible to feel all of these things at the same time. This deluge of emotions can complicate how the person sees, thinks and feels about the issues thus distorting their perspective when faced with a mountain of decisions.

In contrast to the above list, here are a few more (sometimes surprising) feelings people going through divorce may experience:

  • Relief
  • Joy
  • Empowerment
  • Exhilaration
  • Freedom

“Am I going crazy? How can I feel all these things, many of them conflicting at the same time?” divorcing clients often ask. No, you are not going crazy. You are going through transition.… View Full Article → “Divorce: Welcome to the Roller Coaster!”

Divorce: Time to File Now and Attempt Negotiations Later!

By Anne Shale   |   April 20th, 2013

Four Common Reasons Why A Spouse Will Initiate A Divorce

In the arena of family law, also known as domestic relations law, there are occasions when negotiations take place with the hope that a dissolution of marriage might result or a “non-contested” divorce action might ensue.  These negotiations are intended to achieve settlement of disputed issues and to avoid the very costly and emotionally consuming action of a “contested” divorce.  But, while trying to negotiate settlement of certain issues, there are times when it becomes apparent that a divorce proceeding must be filed forthwith.  This article shall address those times when it is imperative to end negotiations and file the Complaint for Divorce.  I shall address common fact-situations that should trigger the filing of a divorce proceeding:

  1. The primary causative reason to file a Complaint for Divorce is when you have a situation with a very financially advantaged spouse (with high income) and a financially disadvantaged spouse (with little to no income).  
… View Full Article → “Divorce: Time to File Now and Attempt Negotiations Later!”

Visitation Law in Ohio: Custody and Non-Parental

By Charles W. Morrison   |   April 13th, 2013

Supreme Court Custody Case Update: Visitation by a Non-Parent

The Law Regarding Non-Parent Visitation

One of the most contentious issues that may arise in custody litigation is whether a non-parent has the right to exercise visitation with a particular child.  Generally speaking, parents are imbued with an absolute right to determine who their child shall visit with under the Due Process Clause of the United States Constitution.  This right was most clearly articulated in the United States Supreme Court’s seminal decision of Troxel v. Granville (2000), wherein the Court stated “so long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.”

However, notwithstanding some of Troxel’s broad and sweeping language regarding parental control over matters of visitation, there have been numerous situations in which Ohio Courts have granted non-parents visitation with children over the objection of the parents.  … View Full Article → “Visitation Law in Ohio: Custody and Non-Parental”

Gay Marriage: The U.S. Supreme Court Tackles Same-Sex Marriage Issues

By Robert "Chip" Mues   |   April 6th, 2013

What Is The Difference Between Prop 8 And DOMA? – Will Gay Marriage Issues Change Family Law?

Questions And Answers To The Issue Of Gay Marriage And The Supreme Court’s Likely Decision

The United States Supreme Court recently granted certiorari to two very controversial gay marriage issues, Prop 8, and DOMA.  Below I will discuss the two different issues, how they came to be here, and what the likely outcome may be.

Proposition 8

What is Prop 8?

Proposition 8 was a 2008 ballot provision in California.  This ballot provision provided that section 7.5 of the California constitution be amended to validate only a “marriage between a man and a woman.”  This ballot provision passed and overruled a California Supreme Court decision just months earlier granting equal marriage rights. Since then, gay marriage has been a hot button issue and has been challenged numerous times.

Why did the U.S. Supreme Court agree to hear this?… View Full Article → “Gay Marriage: The U.S. Supreme Court Tackles Same-Sex Marriage Issues”

Health Insurance: Divorce Often Ends Coverage for Women

By Robert "Chip" Mues   |   March 30th, 2013

How Effective Will The Affordable Care Act Be For Women Suffering Health Insurance Loss After Divorce?

Approximately 115,000 women lose their private health insurance every year as a result of divorce, according to a recent University of Michigan study. “Given that approximately one million divorces occur each year in the U.S., and that many women get health insurance coverage through their husbands, the impact is quite substantial,” said Bridget Lavelle, a U-M doctoral candidate in public policy and sociology, and lead author of the study which appears in the December issue of the Journal of Health and Social Behavior.

Many women who lost their health insurance coverage remained uninsured for more than two years following their splits, according to the researchers who analyzed data from women between the ages of 26 and 64 from 1996 through 2007.

Lavelle conducted the study, which analyzes nationally representative longitudinal data from 1996 through 2007 on women ages 26-64, with U-M sociologist Pamela Smock.… View Full Article → “Health Insurance: Divorce Often Ends Coverage for Women”

Military: What Does “Residency” Really Mean for Those Who Serve?

By Robert "Chip" Mues   |   March 23rd, 2013

Military Members Must Meet The Residency Requirement To File For Divorce In Ohio

The Ohio Revised Code §3105.03 states that “[t]he plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint.” That being said, many people are often confused as to what is meant by the term “resident.” When it comes to divorce, Ohio defines being a “resident” as being domiciled in Ohio. For one to be domiciled in a state, the person must have a home in the state, and he must have the intent on making Ohio his permanent home. He must have the intention of living and staying in the state of Ohio. When a person enters the military and is enlisted to service, his domicile remains where it was before his Military service unless he chooses to move to a new domicile where he intends to remain.… View Full Article → “Military: What Does “Residency” Really Mean for Those Who Serve?”

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