Massucci Law Group LLC - Family Law

Columbus Ohio Family Law Blog

How postnuptial agreements can help some couples

Many people in Ohio have heard of a prenuptial agreement. This legally binding document protects the assets a spouse owned before marriage in case of a future divorce. A document that is not quite as well known but serves a similar purpose is a postnuptial agreement. This document is signed during the marriage.

A postnuptial agreement allows a couple to add some clarity to their finances. Drawing up this document does not necessarily mean that a couple is headed for separation or divorce. It can actually add transparency to a couple's finances and help them to establish new money routines.

Speaking to your stepchild about adoption

If you have a stepchild, you have likely known them since they were very young. Although they are not biologically related to you, you probably view them in the same way as any biological children you have. If your stepchild only has a relationship with one biological parent, your partner, you may worry that they feel different from their half-siblings or that they feel insecure about you not being their "official" parent.

This is why adoption can have a huge psychological benefit for a child. It can mean that they can share a surname with the rest of their family, and they can gain a sense of belonging that is not possible in any other way. The adoption process can be a symbolic way to demonstrate your love and commitment to your stepchild. It can also be practical because it will prevent custody battles in the future. The following are some tips for speaking to your stepchild about adoption.

January is the month of divorces

January has been nicknamed "Divorce Month" by some in legal circles because of the number of divorces that take place during that month, especially at the beginning of it. Queries on search engines and online platforms have increased searches for divorce-related keywords during January as well. Ohio residents may be interested to learn what is behind this trend.

Stressors like spending lots of time with family or traveling during the holiday season can strain on a marriage. Some have the feeling that they never want to go through a holiday season with their spouse again and decide to end their marriage. Additionally, as the new year starts, people are thinking about making improvements and feel that divorce is a necessary way for them to accomplish their goals. Few people want to sit down with their kids on Christmas day and tell them that their parents are getting divorced, so it only makes sense that they would wait a few days.

How prenups can benefit couples

When most Ohio couples get engaged, they feel confident that their relationship will last forever. They are usually focused on the excitement surrounding their romantic engagement. Unfortunately, many marriages end in divorce. Couples need to discuss financial matters to ensure that they agree on issues that could arise during the marriage or if an divorce occurs.

A prenup can prevent lot of frustration in the event of a divorce. It is a legally binding contract that each party will sign before the wedding date. It will address the way that assets and liabilities will be divided if they decide to divorce in the future. This prevents a judge from determining the best way to divide up the assets. This document allows a couple the opportunity to put a customized agreement into place.

The financial challenges a divorce may create

Ohio residents who go through a divorce may face a variety of financial challenges. While men and women might encounter different types of financial challenges, there are things that anyone can do to prepare for them. For instance, it is a good idea to create an emergency fund as well as a fund that can be used to pay for the divorce. It may also be a good idea to meet with an accountant at some point during the divorce process.

It can be a good idea to take stock of all assets that need to be divided in a settlement. These assets could include stock options, memberships to a club or season tickets to a local sports team. They also include money in a bank, brokerage or other type of financial account. Ideally, a person will obtain access to bank statements, credit card statements and other financial documents prior to initiating divorce proceedings.

Did you live together while same-sex marriage was illegal?

You and your partner lived together for a decade. As a same-sex couple, cohabitation was your only option in Ohio, where marriage was illegal for you.

That all changed with the landmark case in 2015, of course, and marriage reform swept the country. Suddenly, you had the same rights and freedoms as everyone else. Thrilled, you went forward with what you had wanted for 10 years anyway, and you got married.

Helpful tips for co-parenting with a difficult ex

When a person is raising their children with a difficult ex-spouse, they may feel limited in what they can do. In fact, the frustration could make them feel like they are going crazy or not able to raise their children properly. Ohio residents who in such a situation may be interested in learning some helpful tips on how to co-parent with a difficult ex-spouse.

A toxic ex may thrive on control. They could use power struggles to manipulate their former partner and try to push their buttons to get them to lash out. Successfully co-parenting with a difficult ex-spouse has a lot more to do with not engaging than engaging. Of course, parents need to communicate to make decisions that are in the kid's best interests. It's important to recognize that a person has the power to determine how they will engage with a difficult ex-spouse.

Noncustodial parents also have rights

Noncustodial parents in Ohio and throughout America may be granted visitation rights to their children. However, it is critical that they stick as closely as possible to the visitation schedule. If there are any problems doing so, it is a good idea to speak with the custodial parent as quickly as possible. Alternatively, a noncustodial parent may want to voice his or her concerns to a judge.

Staying in regular contact is generally seen to be in the best interest of the child. Furthermore, parents should be sure that they can handle any needs that a son or daughter may have during a visit. This generally means being able to provide adequate food, shelter and entertainment. Parents may also need to work together to ensure that a child isn't stressed or nervous about the transition from one home to another.

Social media posts may be divorce evidence

The question of social media and other electronic evidence has come into play in many Ohio divorces. Most couples have at least one social media account on which they post personal information. In divorce cases, 81% of lawyers say they've discovered evidence on social media that is worth presenting during courtroom proceedings. Around two-thirds of divorce cases involve the use of Facebook as a primary source of evidence, and one-third of all divorce case legal action can be traced to affairs conducted online.

Generally speaking, a person's social media posts are admissible in court as evidence as long as they are not discovered illegally. It is prohibited to create false social media accounts with the intention of gaining information from an ex. Furthermore, one cannot gain admissible evidence by hacking into a social media account. Social media information gained in other ways, though, is likely to be admissible. Public posts and photos that are available to a large number of people are fair game as evidence in a divorce case.

Child support by agreement saves time and energy in court

When two people who have children together split up, one of the main questions to address is child support. The family court system in Ohio is designed to provide definitive answers on child support, custody and other issues. However, it's often in the best interests of the parents and children to agree outside of court. Child support by agreement works well in situations where the parents are able and willing to work together to work out the specific details.

The parents may be able to work out payment terms on their own, including payment frequency, duration and amounts, or they might do better retaining attorneys to negotiate for them. Alternative dispute resolution is another route to reaching an agreement. With ADR, the process is less formal and adversarial than court proceedings, but it's more formal than just working it out between the parents. ADR typically involves a mediator or arbitrator who works to help the parents come to an agreement.

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Columbus, Ohio 43215

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