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Family law

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Family Law – Enforcability of a Prenuptual Agreement

Wednesday, February 17th, 2010

Barth v. Barth
2010-Ohio-425
Fourth Appellate District
Washington County
-Enforcability of a Prenuptual Agreement
Appellant, Jackie Barth, appeals the Trial Court’s (“TC”) decision awarding her husband, Appellee Christopher Barth, certian real property in their divorce action.  Specifically, the Appellant states the TC erred in finding th parties had entered into a valid, binding premarital agreement and objects to the resulting [...]

Family Law – Divorce Decree Modification Case

Wednesday, February 17th, 2010

Heisler v. Heisler, 2010-Ohio-98
Fourth Appellate District
Hocking County
This case is on appeal from the Hocking County Court of Common Pleas where Mr. Heisler’s motion to modify a divorce decree allocating parental rights and responsibilities was dismissed.
A year after Mr. Heisler filed his motion, the parties reached an agreement, which was reduced to a handwritten entry signed [...]

Family Law – Bankruptcy filing in a Divorce Proceeding

Wednesday, February 17th, 2010

Horvath v. Horvath
Cite as [Horvath v. Horvatyh, 2010-Ohio-316]
Third District Court of Appeals
Union County
Rendered February 1, 2010
Plaintiff-Appellant/Cross-Appellee Suzanne Horvath (“Suzanne”)appeals the June 5, 2009 Judgment Entry of the Union County Court of Common Pleas, Domestic Relations Division, granting a divorce between Suzanne and Defendant-Appellee/Cross-Appellant Jeffrey Louis Horvath (“Jeffrey”) specifying the division of marital property and apportioning [...]

Family Law – Child Support Modification Case

Wednesday, February 17th, 2010

Irish v. Irish
2010-Ohio-403
Ninth District Court of Appeals
Lorain County
-Child Support
Mother/Appellant and Father/Appellee were granted an uncontested divorce on April 2, 2004. Pursuant to the Decree of Divorce, the Trial Court (“TC”) adopted a shared parenting plan and, subject to further order of the court, no child support was to be paid to either party. Reasons for the nonpayment of child support were enumerated in [...]

Family Law – Contempt Appeal

Wednesday, February 17th, 2010

Smith v. Smith, 2010-Ohio-31
Second District Court of Appeals
Darke County
Rendered: January 8, 2010
Plaintiff, Deborah Smith, appeals from a final judgment of the Court of Common Pleas holding her in contempt.
The parties marriage was terminated November 18, 2002 after the court granted a Decree of Dissolution. The Decree adopted the terms of a Separation Agreement [...]

Plan Ahead for Name Change When Divorce is Final

Monday, March 16th, 2009

It is important for both lawyers and their clients to remember to discuss whether a divorcing spouse wants to be reinstated to her former name. With proper planning, restoring a maiden name can be done very easily. Your lawyer will either submit the change as part of the Final Decree of Divorce or [...]

Should Ohio Increase its Cooling Off Period?

Monday, March 16th, 2009

Generally speaking, Ohio has a very liberal waiting period before an individual may terminate their marriage. If you have been a resident of the State of Ohio for six months and your county for ninety days, you may file for Divorce or obtain a Dissolution of marriage.
After the case is filed, Ohio [...]

Why You Should Be Careful When Choosing an Attorney to Handle Your Adoption

Wednesday, February 4th, 2009

A Campbell County, Kentucky Jury found an attorney liable to her client for malpractice after the attorney was accused of selling babies.  The attorney, Carolyn Arnett of Louisville, failed to tell the mother giving her child up for adoption that, in addition to being an attorney, she was also the owner of the for-profit adoption [...]

Documentation May Make or Break a Divorce Settlement

Friday, January 16th, 2009

Are you in a relationship where your spouse pays all the bills, manages the finances and prepares the tax returns?  If you are, you are not alone.  Many people divide and specialize roles and responsibilities in their relationship.  This is often the most efficient and effective way to manage the household.  Unfortunately, if you are [...]

Grandparents Rights: KY vs Ohio

Wednesday, January 7th, 2009

In the fall of 2008, the issue of grandparent rights in a custody proceeding came before both the Ohio and Kentucky Courts of Appeals. It is no surprise the Courts were interpreting the same rule on similar facts and ruled differently.
The issue before both Courts was whether grandparents should be allowed to intervene in [...]

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